Help! Custody issues


#1

Me and my ex split up when my son was a baby and we have had a custody order signed by a judge since my son was 1. My two weeks of the month started Friday but when I went to pick him up they refused to give him to me. My exes mother in law stated that I wouldn’t be seeing my son anymore. They’re attorney said they could keep him from me and there’s nothing I can do. We have joint custody and it says we both have him two weeks out of the month. No one has physical custody of him in the order. Everything is joint. I went to the magistrate in Goldsboro who told me NOT nicely that his dad could keep him from me and there’s nothing I could do. I then not very nicely asked her if I could take my son from them and refuse to give him back and apparently that made her angry since she yelled at me to get out. I then went to the sheriff’s office who told me my custody order is non binding and they can’t help me. They said talk to an attorney. I’m a single mom trying to find a job and I can’t afford an attorney. My son is 7 and he already hates it at his dad’s because his stepmom is mean to him. What makes my order non binding? Why did we gave a judge sign it if no one would hold it up? Can I take my son from school and do the same thing they’re doing? I feel like the system is worthless because we spent months in court on this and everywhere I turn I hit a brick wall. I don’t want to not see my son until I can afford an attorney. That’ll be years down the road if ever. Please help!


#2

To answer your questions fully, we would need to review the court order and discuss the circumstances in detail. If the other party is in violation of the order, you should file a motion for contempt or motion for order to appear and show cause. You may also consider a motion to maintain the status quo until a time when you can be heard on the motion for contempt. I would avoid a situation where you are playing tug-of-war (of sorts) with the child at school pick ups.