Legal Question in Family Law in North Carolina

i am not really sure if you can help me or not. i am trying to get custody of

my daughter. when she was 1yrs old her mother took off with her jumping from

state to state. i have been tracking her for the past 4years paying out money

to several lawyers for help but it always seems that the week before time to appear in court she moves out of state and the lawyers drop my case. i am

really worried about the safety of my child. Her mother does not have a stable

job she is a stripper for the pony club. she has 2 other children and honestly

i am worried about them too. i have had several people contact me saying that

i needed to find my daughter and get her away from the situation she is in or

we are going to be reading about her in the obituary. My ex- has several

warrants right now for driving while license revoke, dwi, driving with stolen

tags, and several other charges. Her new husband was arrested 2 weeks ago for

attempted murder charges. My daughters mother allowed me to see her 1 time for

the first time in 4 years last year. my daughter is 5 years old, was not

taking to the doctor like she needed to when she was smaller, she has a speech

problem that her mother is not getting her help for. i am really running out

of options! i just want my daughter and i want her to be safe. she is so tiny

and under weight because she is not getting the food and nutrients that she

needs. Everytime DSS is advised of the situation that tell me i have a good

case but they do nothing. Is there anything you can help me with??? If you

dont think i have a case or that you can help please let me know what i should do??? i am running out of options and money to pay for lawyers but god knows i would do anything

just to get my little girl back. thank you and i look forward to hearing from

you. i really hope you can help me


Asked on 6/13/10, 5:45 am

1 Answer from Attorneys
Rachel Hunter

If your child is in another state, that state's laws will apply to her. You need a lawyer in that state. Are there any custody orders? If not, then hire an investigator to find your daughter and get your daughter phsyically. At that point you can then file a petition for emergency custody in accordance with the laws of that state where the child has lived for the past 6 months preceding the filing of the custody petition. You have grounds for seeking custody of your daughter.

If there is a custody order, is the mother and child still living in that state? You will have to file a petition to modify the court order but first you would have to register it in the new state. All that can be tricky and the mother would only move again. You really need to get custody of your daughter BEFORE any petitions are filed to stand a chance. Good luck.

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Answered on 6/14/10, 7:44 am


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