Custodail Interference


#1

I am sorry but this may be long. I am a single mother of three. Oldest in college and other two living at home - daughter (17) and son (14). The daughter (D) has been in trouble for the last three years starting with sneaking out of the house at 14 in a stolen car and alcohol. She has been continuous in breaking curfews, defiance, refusing to do chores,breaking things and stealing things from her brothers in the house, last summer she was arrested for shoplifting at South Square Mall which she ended up doing community service for and having a year of being kicked out of Macy and the mall. She has accused me of abuse, we have had DSS in our house with therapists and Social Workers who have said she needs to simply follow the house rules and they gave us a communication session. None of that has helped. Her behavior escalated to her cutting school and she finally culminated in failing 11th grade (I did go to the school when I found out she was cutting and there was met with resistence in supporting parental decisions - I had grounded her off her phone and computer for cutting classes and she refused to give it to me. The principal and police did not facilitate any assistence in supporting me in that instance and allowed her to continue holding her phone and using it and the computer in school). In frustration because I had no one backing me up with enforcing disipline and she continued to cut class despite her being held in dentention finally after missing 10 days, and having the school change her class schedule without consulting me, I told the principal that she was to handle her schooling without bothering me. The end result: D failed two classes - English and Spanish. She took summer school so she is now in 12th grade but also we had several fights in which she was kicking and biting me. These began because she was breaking curfew and in an attempt to enforce them I was going to take her to work. She physically assualted me. Her older brother (home for the summer) almost called the police but she got into the car. However she left my work with a friend and I couldn’t find her for several hours until I called her boyfriend’s father and told him that they were interfering with my parental rights. She was brought home. This is only one instance of this behavior and we began discussing moving her to her father’s in SC which she was fine with according to her. She began cutting classes again this school year. Her teachers wrote me about her cutting and wanted to know what to do and I told them to tell administration. I began the typical lecture and it ended up with her hitting, biting and pulling my hair. Police were called and she was driven to her friends house (S) where she was to stay while she worked out a plan for moving back into the house. I did not press charges. While there she also cut two days of school and no plan for coming home so I made the arrangements to move her to SC. The receiving school needed a letter stating that her grandparents were taking education and health guardianship to facilite her enrollemnt so I gave that to her school here to fax with her transer paperwork. I then received a call from the School Social worker that “isn’t there another way to handle this?” and I hung up on her. Her father and I made our decision. I then received a call from the Asst principal who said they couldn’t withdraw her because I was no longer guardian of her and the grandparents needed to make the withdrawal because of the letter (notery required). I called the recieving school and told them what was happening and they made the transfer request Friday Sept 23. My understanding is that has to now be done once they make the request. WHen I went to collect my daughter from the S house they told me she left that afternoon and would be gone for the weekend and they did not know where she was. She was to be on the bus to her grandparents to get ready for her new life in SC. They also said I did not need to send her to SC. I feel I have a parental interference case but have no money to hire a lawyer so need to know how to proceed on my own. She is now missing days at school and is in danger of failing out. The school in SC is set for her to come wiht repeurrcussions for her cutting AND an educational plan - one that is not set at this school. She will have three adults who will ensure she goes to school AND a chance at college because they have already gotten her some joint college/high school classes. The social environment here is obviously supporting her defiance and has actually now interfered with a decision her father and I have made with no call to interfere. Help. I have a school system and a network of her friend’s families who are hiding her from us.


#2

Custodial interference is a civil cause of action in NC that is often brought about in a custody claim. I’ve not seen it used as against third parties (non-parents/legal guardians).