Obtain Custody of son after domestic issue

Hello,
I live in Florida and my wife and I separated in 2017. She lives in NC with our two kids. I recently had to travel to NC to get my 18yr old daughter because of a domestic altercation. My daughter so many things that was going on in the house as far as verbal abuse and neglect that I am in fear for the well-being of my 12 yr old son. I recently opened a case with CPS but do not know what else I can do. She even cut off conversation between my daughter and son. I am just trying to look for ways to obtain custody of my son as I do feel that my home would be a better environment for him. There’s a lot more to this story and I did not want to type everything.

If you do not already have a court order for custody, you will need to file a custody action against the mother in NC in the county in which she and the children reside.

NC will have jurisdiction over child custody matters if the minor child has resided in the State of NC for the last 6 months.

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 may be abducted or removed from the State of NC for the purpose evading the jurisdiction of the NC courts, then you would have grounds to get an emergency ex parte custody order.


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

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