Child custody laws on no said custody


#1

Dear michaelsnider:

Greetings. I am not sure that I understand exactly. Who is the child living with now, mom or dad? If the child is living primarily with the dad, there is little to no chance that mom is going to be able to move with the child. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

During the school year the dad has him 4 days and we have him 3. During the summer we have him but he visits his dad every so often. Thats why we werent sure. He goes back and fourth between his dad, his grandparents (when hes not able to watch said named child), and us.We feel its not good for him to do all this moving. And with us there is two parents to tend to him and give him the attention and caring he needs. His dad lives on his own and is always working or hunting and just drags his son along.But if hes working then it makes it hard for him to tend to his son.


#3

Dear michaelsnider:

Greetings. If the child is showing some problems from the constant moving, then you may have some options, otherwise it is unlikely that you are going to change something that is working for the child. Good luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

The child has even stated he would rather live with is mom.and now that its summer he is living with us. The mom wants to take him back to illinous.when i went to base legal they told me theres no custody established for either side so i didnt know if she can just take him back where they lived before.but since theres no court decision of custody and she lived there with him for 4 yrs can we go back and file there?without worry of kidnapping charges or is that pretty much up to the judge since theres no custody and she just went back.

quote:
Originally posted by JanetFritts

Dear michaelsnider:

Greetings. If the child is showing some problems from the constant moving, then you may have some options, otherwise it is unlikely that you are going to change something that is working for the child. Good luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.



#5

Regardless of whether the parents were married, North Carolina has jurisdiction over child custody for six months even if the child is living in another state. If the NC parent does not file for custody during that time, then the new state has jurisdiction over child custody.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

If child was born out of wed lock and there is no said custody can mom and now new husbund move with child without worries of getting in trouble with the law.and then file for custody once legal residence of state for 6 months? the state were in now is north carolina but were wanting to move back to missouri or illouis. the child and mom moved to illious for the first 3 yrs of his birth. then moved back to nc. then the child lived with his dad for the last twos because the moms car was stolen and being single she felt he was better staying with his dad at the time so he could go to private school.on the weekends and summers we had him but while he was in shcool this yr he stayed with his dad. now that weve been married we feel he his better with us.and we want to file in illious due to husabund getting out of the service and both husbend and wifes family is there.