I have a 2-yr old son. His father & I were not married & neither of us have filed for Custody. I live in NC & the father currently lives in FL. My son resided with both of us in NC from his birth until May 2011 when I moved out of our home due to domestic violence. My son lived me until the time of a car accident I had in Jan 2012.
I was in the hospital for 16 days & during that time, plus an additional 3 weeks recovering at home, unable to care for my son. His father came from FL & took our son to stay with him until I recovered. He had a Parenting Agreement drawn-up before removing our son from NC. The agreement is signed, witnessed & notarized. It is not a court order. I have fully recovered from my injuries and am able to care for my son. The father is refusing to allow me to get my son based on the first & last paragraph quoted below & has said that If I show up at his home, the police will be called.
The agreement states:
“Mother is unable to serve as the primary caregiver of minor child due to the physical and legal ramifications, both currently known & currently unknown, of said car accident.”
[b]“Father does not intend to remove child from the mother on a permanent basis or to seperate mother from child for a period of time beyond that which is required for her to recover from her injuries.”
“Agreement shall remain in effect until further modified in writing by the parties & properly notarized.”
“The parties shall discuss the modification of this agreement when mother has been released from the hospital, is able to safely care for child without reliance on 3rd parties, & has achieved disposition of any criminal charges that may be pressed against her in relation to the car addicent.”
I understand it to say that I should have been able to get my son back once I recovered. The last paragraph seems to only deal with modifications & doesn’t affect the 1st paragraph. Am I correct? Is this a breach of contract on his part? I am not asking to modifiy the agreement at this time, until we are able to file for joint custody. I would like to bring my son home. I called the police in FL & asked if I’d be able to have a deputy there when I pick-up my son, but they don’t like to get involved. If the father calls the police, what could they do to me? Could they charge me with kidnapping my own son? The first paragraph is confusing & seems to contradict with the 2nd paragraph, so I don’t really understand what my rights are.
There are legal charges against me for Felony Death by Vehicle & DUI. My best friend was with me when I crashed & she died. I have no prior record. At this time, the case has been continued until May & I have not been convicted. I am in a wonderful [outpatient] womens recovery program & feel good about my continuing progress. There is also a year-long residental program for single mothers where my son & I would live. I have been accepted, but cannot move in without my son. I know that if I am convicted, I may have to serve some prison time. At which, my son would likely have to live with his father. I would like my son to be with me as long as possible while I await a sentence. I am doing all I know to make life better for myself & my son. It is very hard not being with my child.
I can’t afford a lawyer, but if I could get some advise, I would greatly appreciate it. Are there documents I could file in court?
Thank you. - Sarah Morris