Where to start with custody


Dear MoonShadow:

Greetings. Domestic violence, which includes threats of murder or other serious bodily injury, is not a joke to be taken lightly. I would advise your sister to see an attorney for assistance with filing a domestic violence action. This order would preclude him from contacting her, coming near her, and possibly grant her the custody of the children until a hearing can be had. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 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.


I am trying to find out information for my sister regarding custody of her children (ages 12, 11, 10) She left her husband 7 years ago, leaving the children in his residence. She has been fully involved with every aspect of the children’s lives. What it comes down to, she is with them until they go to bed at night, would leave, go to her home, be back in the morning when they got up for school. They now have a verbal agreement, she has them on Thurs, Fri & Sat, but still picks them up for school on Mon, Tues and Wed and takes them home from school. So she still sees them daily.

She didn’t take the children to her new home because he threatend to kill her if she took them (and to this day still threatens her on a daily basis) She is afraid for her safety, but knows she has to get the children away from him. Now that the children are older he is verbally abusive to them, and is very vocal about his feelings for their mother. The children are expressing to their mother they want to live with her.

They have never been to court, so neither of them have official custody. What would be the steps for her to take? She is very limited in money. Could she take the kids and file for custody in another county? Does she have a right to do that? Is there any court offical she can seek advice from?

Thank you so much for any help you can give us in this matter.