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My husbands was called yesterday by a case worker saying…

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My husbands was called...

My husbands was called yesterday by a case worker saying that he had to come get his kids by nov 29 2017 or they would be taken away from their mother a few hours later the mother called back to say that the workers came and removed all seven of the kids from the home. the worker than called my husband to say that we needed to be to court by 12/6/17 so that we could try and get his three kids we live in dallas nc so we had time get the kids stuff together before they would have to come live with us they then called this afternoon to say we need to be in court tomorrow morning at 10 am I just really need to know is there anything that you can tell me to help us out

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Court is in alaxancerida city

Lawyer's Assistant: Have you talked to a lawyer yet?

No the plan was to get a lawyer for court on the 6 but they say we need to be there tomorrow at 10

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That my husband is behind in his child support but he do take care of his kids and his kids told the people that they want to come live here with us we are able to provide all the things that they say they need its just that we can not do it in 24 hours

Submitted: 4 months ago.Category: Family Law
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Answered in 4 minutes by:
11/29/2017
Family Lawyer: Gerald-Esquire, Lawyer replied 4 months ago
Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,104
Experience: Over 30 years of experience.
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Family Lawyer: Gerald-Esquire, Lawyer replied 4 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Children and Youth have filed a petition to remove the children from the mother's home because they have determined that the mother is unfit, and the home is unfit.

The preference in these situations is to place the children with the other parent or a blood relative if the other parent is not available. BUT if they can not place the children with a relative the children will be placed with a foster family.

It would be far easier and all would be better off if the children go directly to the father. If they go to foster care then you have to petition to get them released to the father.

SO if at all possible have the father go to the hearing tomorrow and be prepared to tell the court that he can care for the children and that he has room for them. As far as materials (beds and the like) that should not be a concern.

The court should grant at least temporary sole custody to the father at that point.

While it is not necessary to have an attorney present it can be helpful if you do. You can find an attorney through this link:

http://lawyers.findlaw.com/lawyer/practicestate/family-law/north-carolina

Once he has the temporary custody, he should file to make it permanent.

The back child support should not be a significant issue in this hearing (if it come up at all).

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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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).

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