Legal Question in Family Law in North Carolina
Child may be taken out of country
My daughter's mother has left her 2 children with her sister & husband (he is also my brother)and has gone to Mexico with her boyfriend who was recently released from prison and still has charges against him in the US. She sold her belongings and got a passport and I'm afraid that when she has a place to live there she will come back and take my daughter to Mexico.
We were never married and there is no custody order. She has lived with her mother for 10 years. this is not the fist time they have been left with my brother's family who also have 5 kids.
I pay child support to NC. I am a truck driver OTR and own my own home in TN. Over the years my child has been neglected and not gone to school at times and lived in deplorable conditions.
I would like to get emergency custody of my daughter who would then live in my home. My mother lives with me and would be takng care of her while I am at work. I can get her now but what would stop her mother from getting her back from my mother if I am not there? I am going to start custody proceedings but she needs to be here now. What are my chances of getting emergency custody? There are 10 people living where she's at now and only 2 bedrooms. I really need advice. Thank you.
2 Answers from Attorneys
Re: Child may be taken out of country
Based on the information you have given, you have a good chance of getting an emergency custody order. You should get an attorney in the NC county where the child currently lives. Once you are awarded custody, if the mother tries to take your daughter away, she will be in violation of the judge's order. Best of luck to you.
Re: Child may be taken out of country
First, have you ever established paternity? You might want to look into that but be aware of the likelyhood of being obligated for back child support. Second ask an attorney in your area if you can obtain protective custody based upon dependency and negelect in your jurisdiction. Regardless of the legal status between you and your the child, I would hope there is a way for you to protect this child from harm. I suggest you take no action until you seek legal advice from a family lawyer in your jurisdiction. Best of luck.
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