Legal Question in Family Law in North Carolina

my soon to be ex wife willing gave me the children 7 months ago because she said she was "dieing" and couldnt take care of them. the children live with me and my fiancee and have been since they were given to me willing by her. she rarely wants visitation and rarely calls. we let her have the children for christmas to be nice and because she asked and they miss their mom. now she is refusing to return the children saying that my fiancee has severly abused my children and starved them so she snot returning them. she called the cops on us and they called us stating what accusations have been made and from what they see her story doesnt add up to child abuse of any kind. the mother claimed that they are skin and bone but even after begging for her to take them to the doctor since they were in such bad health she refused and didnt take them to a doctor for 4 days. in between time she took them to another sheriffs office and they told her the same thing that the children are not abused in any manor. she has now claimed them for free income houseing because she was homeless and stil refusses to return our children. law enforcment wont help. we cant afford a lawyer the courts give us teh run arround and we have no idea what to do. the childrens mother has a long mental history of being unstable and has self commited her self into mental institutions of her own free will several times. she refuses to let me talk to the children she wont give anyone the same adress and when we tried to get police to go out they couldnt find teh adress she claimed to be at. o fear for the safty of my children my son is autistic and she refused to bring him to 2 of his appointments 1 that allows him to get the medication he needs and the other is the theripist that comes into our home 3 times a week to see two of our 4 children. i need to get our children back. we never relenquished custody other than her visitation and she has now claimed then for housing, trying to force me to let her claim them on taxes and pay childsupport when i have been the custodial parent for the last 7 months. she is exploiting my children and will not return them till those terms are met and my fiancee is permanently out of my home. we have no legal custody agreement other than she willingly gave them to me and transfered all their information into my name. we live in nc


Asked on 12/29/16, 11:28 am

1 Answer from Attorneys

From your description you never had 'custody' - there's nothing special about her 'willingly giving you the kids' heck, when you allowed visitation, you 'willing gave the kids to her. You both have basically the same entitlement to the children. So you have 3 choices: 1) hire an attorney or get some other type of help (such as calling DSS) 2) file for or attempt to get custody yourself or 3) do nothing / piss & moan about how things aren't fair.

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Answered on 12/30/16, 10:17 pm


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