Custodial parent

Dear August:

Greetings. What type of document do you have determining custody - a court order or a separation/parenting agreement? What is the title on the document?

Your course of action depends on the document you have. If you do not have a document or if you have a separation/parenting agreement, you would have to file a custody action. If you have a court order, you may be able to have local law enforcement help you and you would also file a motion to show cause. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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.

Exactly what does this mean? I’m divorced (absolute divorce), which states nothing about custody of our child (1). Through a mediator we had settled on who got what, how dept was to be paid etc. Custody is stated to be joint with our child living with me. This has been the statis quo for 7 years. My X is grumbling about having the child live with him. What happens if when my child goes for a visit and my X won’t bring the child back? What is my course of action? Is there something I should do now to better prepare if this situation does occur?