Children father dropped one of my children to my door steps after she got into argument with him. It was his week with the children, I did not agree to the drop off. He dropped her off and drove away without any communication on August 23rd. Since then he hasn’t seen her or spoken to her. Recently she got hospitalized and still at the psychiatric hospital. He tried to see her and she refused visits from her father.
My question is, since we have shared custody; if children father wants my daughter on his week. Can I refuse to send her to his house? Since she doesn’t want to go to his house and I am not comfortable due to my child well being.
What is the legal process for that? Thank you
If you have a court order detailing a custody schedule, you cannot refuse to send your daughter to her father’s house - you must follow the court order.
You can file a motion to modify the custody order if a substantial change in circumstances has occurred affecting the wellbeing of the minor child(ren) since the entry of the current order.
You can file a motion for emergency custody if there is a substantial risk of bodily injury or sexual abuse to the minor child(ren) or there is a substantial risk that the minor child(ren) may be abducted or removed from the State of NC for the purpose of evading the jurisdiction of the NC courts.
A child not wanting to go to the other parent’s house will not qualify for emergency custody.
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.