Girlfriend and Baby vanish


#1

You have the same custodial rights as a married father. If your girlfriend has taken your child and will not let you see him or her, you can file a lawsuit and seek visitation. Given the age of your child and how involved you have been in his or her life, I believe you have a good chance of the court awarding you a significant amount of custody time, or perhaps custody depending on how well your girlfriend is able to care for your child. It was not clear from your post if she was the primary caregiver. You cannot initiate a lawsuit for custody unless you are separated.

It sounds as if you are not ready to give up on this relationship. If you have the numbers to her family and friends, I would suggest you make a few phone calls and see if you can find her. I hope that the two of you are able to resolve this in counseling.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

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

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.


#2

Thank you for the info,

At this point, you are correct. I am not ready to give up on this, but am very curious about the legalities involved. I was able get in touch with her and get her back home. We are struggling through her depression and anxiety disorders, and sadly I can’t say that this will be the last time that she splits.

Thanks again.


#3

I wish you the best of luck.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

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

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.


#4

Hello,

I am in need of some advice so that I understand my legal rights as a father given my current situation. The situation:

I am a loving father to a 6 month year old that I have with my girlfriend. We are not married. My girlfriend and I have been living together for over a year, and I have been the sole provider for mortgage, utilities, etc… They have my love, and I make a good living such that they have everything that they need and more.

After having some issues with my Girlfriend, we decided to seek professional relationship counciling about a month ago. We just had our 5th session yesterday (6/28/2007). In that session my Girlfriend was diagnosed with depression and anxiety disorders. This, on top of our other issues that brought us in there to begin with, was too much for her, I guess, and I have not seen her or my Baby since. I had one conversation with her on the phone, but it appears that she’s non-responsive via the phone today. I have no idea where they are.

So… what are my rights as far as being able to protect my child and be with her? What other rights are pertinent and good for me to know given this situation?

Any help is greatly appreciated,
Thank You.