Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

I am my 16 year old son primary caregiver legally through the

Customer Question
nc courts. I need to...
I am my 16 year old son primary caregiver legally through the nc courts. I need to know if it is legal for the parent that lives out of state that has secondary custody to not bring him home from summer visitation and register him in another school out of state?
Submitted: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 20 minutes by:
6/8/2015
Family Lawyer: ScottyMacEsq, Lawyer replied 2 years ago
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17,262
Experience: Licensed Texas General Practice Attorney
Verified
Thank you for using JustAnswer.
No, it's not legal. Now as to what could be done about it, assuming that the court order governing custody is clear and states specific times and methods for the return of the child, the custodial parent can potentially call the police, and this could be prosecuted as "custodial interference". Now sometimes the police will say that it's a "civil matter" and that the custodial parent will need to contact the court that handled the court order regarding visitation / custody.
This is certainly a "contempt" action, in that noncompliance with the court order without a very good reason to do so is a violation of that order. The custodial parent can go to court, seek a contempt order, and the if other parent does not respond, the judge can actually revoke any possessory interest of the noncustodial parent (meaning that the continued possession f the child becomes "kidnapping" and can land the noncustodial parent in jail).
So in short, yes, it would absolutely be illegal.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Ask Your Own Family Law Question
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 17,262
17,262 Satisfied Customers
Experience: Licensed Texas General Practice Attorney

ScottyMacEsq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My grandsons mother is trying to be the custodial parent. My
Hello my grandsons mother is trying to be the custodial parent. My son is trying to have joint custody she filed in court my son needs a lawyer … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,458 satisfied customers
The non custodial parent (has is months in arrears on child
The non custodial parent (has is months in arrears on child support) claims that he will buy our child "whatever they need" but only during his parenting time.I need help understanding this rationale … read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
How do I compel the non-custodial parent to pay legal fees
How do I compel the non-custodial parent to pay legal fees for our son's arrest last year? The total was $6,000, of which he still owes 1,900. I was required to put this on my credit card. I have rece… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
Live in Texas I am custodial parent and ncp is not returning
Live in Texas I am custodial parent and ncp is not returning kids at approriate and required dates in court orders … read more
LegalGems
LegalGems
Juris Doctorate
10,165 satisfied customers
In the state of CT, when can a custodial parent request an
In the state of CT, when can a custodial parent request an increase in Child support if the non-custodial's spouse receives a series of career promotions which puts that household in a favorable finan… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Custody papers state that non custodial parent has
Custody papers state that non custodial parent has visitation all three day weekends and all Federal holidays. Today is Columbus day, son is not off from school. Father flew from Georgia to Ohio for v… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
When the non custodial parent get arrested for child
When the non custodial parent get arrested for child abandonment does the money he pays to get out of jail go to his child or towards child support … read more
Bill Attorney
Bill Attorney
law
1,417 satisfied customers
I am the non custodial parent having joint legal custody and
I am the non custodial parent having joint legal custody and I just moved into a new apartment 2 miles from my ex. Do I have to inform my ex who may or may not be in my home during my visitation with … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers
In ok Is it legal for a non custodial parent to move out of
In ok Is it legal for a non custodial parent to move out of state and take the children to that state for visits … read more
KJL LAW
KJL LAW
Juris Doctorate
1,620 satisfied customers
In Florida there's no custodial parent. We have "shared
In Florida there's no custodial parent. We have "shared parenting". For my ex husband & I it's 50/50. For the last year (since his 2nd wife kicked him out), he's lived with a gay male couple that have… read more
Expert James
Expert James
Doctoral Degree
11,533 satisfied customers
Can a child refuse to see non-custodial parent, when there
can a child refuse to see non-custodial parent, when there is a set "access Visitation schedule" … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,360 satisfied customers
Custody parent loses driver license can non custody parent
custody parent loses driver license can non custody parent get or file for custody … read more
Bill Attorney
Bill Attorney
law
1,417 satisfied customers
My wife is the custodial parent of 3 minor children. We live
My wife is the custodial parent of 3 minor children. We live in MN. What rights does she have to know where her ex is taking the kids on his visitation times? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,439 satisfied customers
I'm the custodial parent and there is no other parent
HI , I'm the custodial parent and there is no other parent involved and I need to provide temporary guardianship of my 14 yr old son to my adult son while I work out of the country for six months. In … read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
The non-custodial parent has been accused by lawyers as
The non-custodial parent has been accused by lawyers as hiding income during his divorce proceedings. The only income it "appears" he has is retirement funds which his ex wife is trying to claim.He is… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,360 satisfied customers
What legal rights does a non-custodial parent have re:
Hi, What legal rights does a non-custodial parent have re: telephone and in person contact w/ a minor (16 yr old) child in the following circumstances? Does the non-custodial parent have legal rights … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,754 satisfied customers
HOW DOES VISITATION WORK IF THE NON-CUSTODIAL PARENT DIDN'T
HOW DOES VISITATION WORK IF THE NON-CUSTODIAL PARENT DIDN'T SPECIFY WHEN HE WANTED TO SEE MY DAUGHTER DURING OUR MEDIATION A FEW YEARS AGO. HE HASN'T SEEN OR TRIED TRY SEE OUR DAUGHTER SINCE SHE WAS 1… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,458 satisfied customers
Custodial parent, never married, no court ordered visitation
I am The custodial parent, never married, no court ordered visitation set, however he pays child support. I want to move out of state to better my life and child's life, he has threatened to take me t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x