Legal Question in Family Law in North Carolina

Yes, obviously he can since he has already done that - the real question is whether or not he can legally do it. What he has done has plus's and minus's for him. On the one hand, it's not the smartest thing to do because it could make him look bad in Court if custody has to be resolved there. On the other hand, it does keep jurisdiction in North Carolina - which could be good for him and at least turn out to be inconvenient for you. However, he really hasn't done anything legally wrong. If there is no Court order or Custody Agreement in place, he has as much right to her as you do. So what you need to do is consult with an experienced family law attorney in the NC county where your daughter is currently residing to get an emergency temporary custody order in place until the matter can be resolved. On a final note, he may be simply distraught at the prospect of less contact with his daughter but may come around to the realization that she is better off with you especially in light of his financial situation. If you can at all reason with him and / or his parents, it is possible he will return your daughter on his own without putting you through the expense of hiring an attorney. If by chance he does return your daughter on his own and you have not had problems like this with him in the past, I would encourage you to try and understand his point of view and consider not retaliating against him by with holding future visitation.