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I am non-custodial but my son is with me for the summer. He

has informed his mother that...
I am non-custodial but my son is with me for the summer. He has informed his mother that he wants to stay for the rest of the year. We are in NC, she is in TX and is now threatening to come and take him. He wants to stay here and will tell a judge. What protection can I get for him so that he does not have to leave? I need to file to modify the original court order and want joint custody, I don't want to be held liable for child support while he is here but the main issue is he wants to stay and has told her that and although she originally agreed, she is now threatening. I need protection for him as soon as possible. Please help.
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Answered in 4 minutes by:
8/1/2012
max713
max713, Lawyer
Category: Family Law
Satisfied Customers: 1,893
Experience: I am responsive, respectful, and relentless.
Verified

max713 :

Hi, I'm trained and experienced in family law, and I would love to help you through your current situation.

max713 :

I'm glad to hear that you know you will have to motion for modification of custody...

max713 :

To do so quickly, you can file an emergency motion for custody.

max713 :

You will get a quicker hearing if you do that.

Customer:

I want joint-custody, I don't want her to have full custody. On the ground of stability alone - I receive salary and benefits, she is unemployed and on disability. He loves it here, its safer, he has siblings and his step-mother, whom he gets along with just fine is here while I am at work. Its a much better environment for him physically and mentally. My child support is up to date and I'm still paying it even though he's been with me since June 23rd. I submitted the request to get him to the court in writing - she agreed and he flew here and now she is threatening that if I don't return him she will come and get him because he asked for clothes and a phone and I advised that she should use the child support I send her to provide these things.

Customer:

The court order is from TX and we reside in NC - what are the steps to file an emergency motion for custody considering?

max713 :

It's the same as a motion for custody.

max713 :

You would just need to submit it to the clerk and have an argument that there's good reason why it must be heard immediately.

Customer:

Is there a document I can obtain online somewhere to submit by fax to the court? What standing should I present as my defense?

max713 :

For standing, you would have to show that you're an interested party.

Customer:

I thought there was something that stated that after he's been here for over 42 days, the custody rights change automatically or something similar.

max713 :

There is no form for this emergency motion.

Customer:

So I should call the clerk and request emergency motion for custody?

max713 :

Yes. Have you already submitted the motion to modify custody?

Customer:

No. What steps do I take

Customer:

1. call the court and request emergency motion of custody

Customer:

2. submit an actual document to modify?

max713 :

Sorry, you will need to submit an accompanying motion for emergency custody.

max713 :

One second.

max713 :

The clerk should have a motion you can fill out for emergency custody.

max713 :

You should call and ask.

Customer:

I will call first thing and request they fax it to me. What is my next step.

max713 :

That sounds like a good first step.

max713 :

They should be able to provide you with the motion/petition...

max713 :

This site should help: http://www.ehow.com/how_8111849_file-emergency-petition-custody.html

Customer:

once I've submitted the document, how can I guarantee he is not going to be removed from this house - again, he is 13 - which I think is above the age to speak for himself to a judge or in court. If he writes his own statement, would this help? What more can I do.

max713 :

Great question.

max713 :

If he writes an "affidavit" swearing that this is his preference, it will help your case.

max713 :

Once you are awarded custody, she cannot take him from you (assuming you are, of course).

Customer:

is the affidavit a court document, or is it a sworn statement hand-written and notarized that we can submit?

max713 :

The latter (hand written, signed, dated, and notarized).

Customer:

is there further documentation or recommendation to press this quickly or as a follow-up that you would suggest?

max713 :

Only if you can prove further cause that there is an emergency for it to be heard (e.g. if there's a restraining order, or if she poses harm to him).

max713 :

... or if he will miss school (and there's documentation on that), or something to that effect.

Customer:

She has previously threatened to place him in an institution for children with medication because she claims he has panic attacks and cannot deal with his emotions correctly. My standing on that is his emotions are perfectly normal and he doesn't need medication or an institution - that would be the only direct harm I could state that was said to him on more than one occasion. My wife home-schools our children, she has documentation proving she is allowed to home-school and it does start on the 6th, although my ex is threatening to take him - he needs to complete his school here and chooses to stay here. Is there anything at all, anything else I can do to further justify to the court that he should stay here, and will they order some type of investigation? I almost wish they would so they could find out about the difference in home life.

max713 :

Put all of that in your emergency motion.

Customer:

last question again: is there not a time limit if he spends a certain amount of days here than custody somehow changes?

max713 :

No, sorry, it doesn't work like that.

max713 :

You have to establish that through the court.

max713 :

Please rate me, so I will be compensated for my work.

Customer:

thank you for everything.

max713 :

You are most welcome.

max713 :

To rate, please click a number (5 is for best service).

max713 :

... or you can click the happy face.

max713 :

I wish you the best.

max713
max713, Lawyer
Category: Family Law
Satisfied Customers: 1,893
Experience: I am responsive, respectful, and relentless.
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max713
max713, Lawyer
Category: Family Law
Satisfied Customers: 1,893
1,893 Satisfied Customers
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