Ask Me Help Desk - Temporary Custody in NC

Temporary Custody in NC

Father was given TEMPORARY primary custody when Mother faced contempt for violating a Custody consent order. She left the state of NC in fear of the Father only after calling police and reporting Father for having a gun. It was illegal for him to have with the protective order he was under. To my knowledge he did not face any consequences. I am only able to pull up a police REPORT for that day. No arrests. He was granted temporary custody with Mother getting supervised visitation EVERY WEEK for leaving the state. Father then agreed to let Mother take child to live alone with her in another state for 5 months. Suddenly taking the child back to NC claiming primary custody before the 6 month jurisdiction law.

What do you mean temporary ? We need a bit of explaining before we can give an answer. From what is being stated so far everything appears legal on the surface.

Until an order is issued changing the temporary custody it remains in effect.

Sp what is your question? And what is your relation to this.

Quote:

Originally Posted by hethlg

Father was given TEMPORARY primary custody when Mother faced contempt for violating a Custody consent order. She left the state of NC in fear of the Father only after calling police and reporting Father for having a gun. It was illegal for him to have with the protective order he was under. To my knowledge he did not face any consequences. I am only able to pull up a police REPORT for that day. No arrests. He was granted temporary custody with Mother getting supervised visitation EVERY WEEK for leaving the state. Father then agreed to let Mother take child to live alone with her in another state for 5 months. Suddenly taking the child back to NC claiming primary custody before the 6 month jurisdiction law.

The Father, even though he gave consent, cannot change a Court Order Custody Agreement, without the courts consent.

If this case goes to court, and it is proven the Father gave consent for the Mother to take the child with her, as you stated above, the Mother most likely won't be charged, except for in contempt of court, but also, the Father will be held in Contempt too, that is, if the Judge is having a bad day.

Both parents, broke a Court Order, both are held liable.

The court order stands until it is changed in court, it sounds like the father agreed to something, then changed his mind, that is legal.

Also if family court had a dollar for the women or men who went in and claimed they were threatened, you may have been but without proof, they court seldom believes it.

Quote:

Originally Posted by califdadof3

What do you mean temporary ? We need a bit of explaining before we can give an answer. From what is being stated so far everything appears legal on the surface.

Yes everything is legal. The thing is... Father was given temporary primary custody in June 2011 based on fears that Mother would leave with child again and that child could be in danger with the Mother. He then had Mother living with him for a full 3 months raising the child until he allowed child to go live with Mother in another state for a full 5 months. As Mother was trying to modify custody, because he left the child for 5 months straight and paid 0 support, Father went to the state where the child and Mother live and took child from the Mother and returned to NC. Mother wants child back and Father is refusing because of his great need to Control. He knows Mother can't afford to fight him. The child is a little girl and her Mother has always been her primary caretaker.

Sorry but mother needs to file in NC to modify the custody order. She can use the fact (as long as it can be proven) that the father doesn't feel the mother is a danger. But allowing the mother to go to another state is a different matter. Whether the court will go along or not, I can't predict.

Quote:

Originally Posted by ScottGem

Sorry but mother needs to file in NC to modify the custody order. She can use the fact (as long as it can be proven) that the father doesn't feel the mother is a danger. But allowing the mother to go to another state is a different matter. Whether the court will go along or not, I can't predict.

Thanks Scott. I believe the same to be true which is why I hired an Attorney. My Attorney is hoping that the Judge will set a hearing and we will then go from there. The one thing I foresee happening is not being able to keep up with the hefty legal fees I'm going to face. Its very sad that Our Daughter is the main one suffering through all of this. Her Father is not allowing much interaction between the two of us and I am very worried for her. Thanks to all of you for your words of wisdom. Many Prayers needed. God Bless..