The mother takes the 6 year old child to see the grandmother of the father that she has not seen in a long time. The child has lived with the mother her entire life. The father goes and picks her up from the grandmother’s house and now refuses to bring her back or tell the mother where the child is. Because they never did custody papers, can the father do this or can this be considered kidnapping. What can the mother do ?
It is possible that this is parenting kidnapping if the father is keeping the child from the mother, refuses to return the child, refuses to disclose the whereabouts of the child, and/or flees with the child.
The mother can file a custody action against the father and include a motion for emergency ex parte custody order if the child is in danger of physical or sexual abuse and/or the father has fled the State of NC for the purpose of evading the jurisdiction of the NC courts.
This situation may or may not be at the level to warrant criminal charges.
For more detailed information on this subject, check out our article Parental Kidnapping in North Carolina.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I am the other grandmother to this child and trying to help my daughter. How do we determine what kind of lawyer we need and the fees involved to move forward. The mother lives is Caswell County but we are unsure of the county of the father.
An attorney that handles family law will be able to help with a child custody action and an emergency ex parte temporary custody motion.
The action can be filed in Caswell County since that is where the mother lives and has lived with the minor child.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.