Wife refusing to let me see kids

North Carolina Divorce Law Divorce and Separation Answers
1

My wife recently left the marital home and took the kids with her. She has denied me the right to see or talk to them for over a week now. She also returned to the marital home and changed the locks while I was at work. What is the first step in getting my kids, am I to file a petition for custody and support? Also, she works nights and leaves the children at her brother’s home. Can I call the police and pick my kids up since I am their father without a Court Order? Just a note, there is no abuse or other issue with me that would justify her actions.

Thanks for any help/advice

2

You do need to file an action for custody, and I suggest you do so in the immediate future. The police may assist you in removing the children from their uncles home, however in my opinion doing so would be traumatic for the children.

3

Thanks so much for your help Erin, I will be heading to the Self Service center today. I’m still debating if I should get the police involved, not sure which is worse getting help from the police or not seeing my kids for another day.