Legal Question in Family Law in North Carolina
Hello good afternoon my father and my childs mother passed away with in the same week, I let her go with her grandmother for a year and a few months , know my lil girl is ready to come home and I'm ready for her to come , so in the next week or 2 I'm going to get her I'm in greensboro NC , she is in Chrlotte NC if the give me a problem can I call police how do you think I should go about this I never said it was for ever and I never gave over any of my rights as her father
1 Answer from Attorneys
Why don't you just talk to the grandmother ahead of time? The only reason not to discuss this with the grandmother is if you believe she will hide your daughter from you if she knows you are coming. In any event, unless there is a custody order in effect, the police are unlikely to get involved - they will most likely say this is an issue for the Court to decide. So here's the deal, you can go and get your daughter. But you can't breach the peace and bum rush the house if granny tells you no. If you do, you will likely end up in the pokey and either granny or social services will be taking care of your daughter and it will make you look bad in any future custody case. If grandmother tells you to leave - you have to leave or you will likely be committing the crime of trespass (assuming you haven't already been informed not to come there). If grandmother refuses to let you have your daughter, you will have to go to Court and have a custody order put into effect. If she still refuses, law enforcement will assist if the order specifically states they are to do so.