New Relationship/Criminal Record

I am separated and am in a relationship with a man who was convicted on Felony drug charges 15 years ago. He was let out early with a pardon from Obama. He has been out for almost a year, still on probation. Has not failed a drug test, no marks against him, no involvement with drugs, has published two books, and works. My soon to be ex husband is threatening to take me to court for emergency custody and says I am a danger to my child. This is after he told me it was ok, and he would not interfere or take me to court unless given reason. I am a registered nurse, and was the primary care taker of our child until we separated. We agreed outside court on a 50/50 every other week custody agreement. Can he take my child away from me for this?

It’s not likely your ex-husband would be successful based on the information you provided.

Emergency custody (ex parte custody) is granted if there is a substantial risk of bodily injury or sexual abuse to the minor child or there is a substantial risk that the minor child will be removed from the State of NC for the purpose of evading the jurisdiction of NC courts. From what you’ve provided, it does not sound like your ex-husband could prove any of these grounds and therefore, would likely not be successful in an emergency ex parte custody motion.

Having a felony conviction from 15 years ago does not, by itself, mean that the children are unsafe, and the conviction could generally be irrelevant given the amount of time that has passed and the rehabilitation that your boyfriend has been through.


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.

With this information and nothing else against me, would he be able to take my shared custody away, separate from emergency custody?

No, it’s not likely he would be successful assuming you are capable of keeping the children safe, away from danger, healthy, in school, provide basic necessities, etc., and otherwise a fit parent and not putting the children in a dangerous or harmful situation or environment. And this would be especially true assuming the children are well-adjusted to the current custody schedule, thriving, etc.


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.

Last question. Would he be able to have it put in the custody order that my child is not allowed around my boyfriend or is not allowed to be with me if the boyfriend is there over night?

It’s possible that a judge could order that, but it is unlikely if your child is already familiar with your boyfriend and the judge determines that he poses no safety threat to your child.


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.