Parental Rights

North Carolina Divorce Law Divorce and Separation Answers
1

Sorry so long, but you really need to undertsnad the background here.

I have a daughter inlaw that moved her children (my grandchildren) to Johnston Co. NC from Ohio last April. She met a guy online and moved in with him, got pregnant and had a baby all while still leaglly married to my son, which they are still legally married in state of Ohio. She moved the children without telling her husband (my son), and he has had limited contact with the children by her refusing. It has been about 5 months since she has allowed him to talk to them. She has not let me talk to them in almost a year because her boyfriend doesn’t like me and he is extremely controlling.
Here is the kicker. We found out over the weekend from a very good source that she is back on pain pills (she was addicted when she lived in Ohio), her live in boyfreind is dealing drugs out of the home, different people coming and going at all hours of the day and night, and is very abusive to the youngest child both emotionally and physically.

Here are my questions.
Can my son come from out of state and take the children back home with him if the children are in danger?
Should he get child protective services involved, and/or the police?
Would he be breaking the law if he just took them out of the situation and took them back to his home in Indiana?

2

Removing the children from the state of NC without first contacting the authorities and filing an action will only lead to the mother filing for an emergency order, the best course of action is to have your son file an action for emergency custody in Johnston County, NC. I would also suggest you call the Department of Social Services.

3

Thank you for the reply.
My son is flying in today and we were planning on going to Protective Services.
Question, should he go to protective services first or file for emergency order? And how does he go about filing for an emergency custody order? He cannot afford and attorney. we are seriously concerned about hte children’s well being.

4

I suggest you contact DSS first. Some counties have an self help center which offer forms necessary for filing a Complaint for Emergency Custody and Setting a hearing. We offer sample documents as part of our DIY service as well.