What are my options

North Carolina Divorce Law Divorce and Separation Answers
1

Dear happynconfused:

Greetings. Yes, he can come and take the kids. Your rights are to file a custody action and have an order entered to make him return the kids or not be able to take them first. Yes, you can file for custody on your own. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.

2

Here’s my situation, I have been separated for a year and about a month. I had a protection order and a custody order expire last month. We currently are discussing custody between the two of us pending his release on June 22nd. My question is since there aren’t any legal documents on file at this time can he legally take the kids and run. If he does this what rights do I have since I have had temp. custody for the past year. I guess I am saying what do I need to do to keep this from happening. I don’t have any money for a lawyer at this time. So is there anything I can do on my own.