Hi I’m Keith. As of February 1st 2023 I have full physical and legal custody of our child. Mom is concealing child from me and refuses to hand him back over. Mom is also on the run with child and is unable to locate. I’ve contacted law enforcement and there unwilling to proceed with parental kidnapping charges. I’m also unable to file contemp bc again mom is fleeing with multiple felony charges with child. I need HELP It seems no one is taking this seriously it’s been 5 months now what can I do?
You can and should file a contempt/show cause motion if you have a court order granting you legal and physical custody of the minor child and Mom is interfering with that and has prevented you from getting your court ordered custodial time.
You have to serve the motion on her, so you may need to hire a private investigator to help locate the mother.
You may also be able to file a motion for emergency custody to have the child returned to you if there is a substantial risk of physical injury or sexual abuse to the minor child or the mother has or plans to remove the minor child from the State of North Carolina for the purpose of evading the jurisdiction of the NC courts.
Our article Parental Kidnapping in North Carolina explains this topic in more detail.
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.
I’ve filed 3 motions emergency custody packets and was told since I already have custody I wouldn’t be granted emergency custody.
Emergency (ex parte) custody is appropriate when there is:
(1) A substantial risk of bodily injury or sexual abuse, or
(2) A substantial risk that the child may be abducted or removed from the State of North Carolina for the purpose of evading the jurisdiction of the North Carolina courts.
N.C.G.S. Section 50-13.5(d)(3).
You may have to hire a private investigator to locate the mother in order to have the custody order enforced and to be able to serve her with motions for contempt/show cause motions.
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.