What is the law of an unmarried father but on the birth certificate is about taking child and refusing to bring the child back?
A biological parent has all the same rights to the child whether married or unmarried.
If one parent is refusing to allow the other parent custodial time with the child, then one of the parents will need to file a custody action against the other in order to obtain a court order with a specific custody schedule.
An emergency custody order can be granted when there is a substantial risk of bodily injury or sexual abuse to the child or a substantial risk that the child may be abducted or removed from the State of North Carolina for the purpose of evading NC courts and their jurisdiction.
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.