Legal Question in Family Law in North Carolina
My Sons' girlfriend left the State of Texas with their son (1 1/2 yrs) without notice. We tracked her down and found She is in the Raliegh-Duham, NC area. The Judge in Texas signed off on a Writ of Attachment giving the Father full custody. We were told that the Sheriff will take care of it, When we get there we find out that a Judge from North Carolina must approve it before it is executed.
Do we have another problem on our hands or do Judges from other States normally honor another Judges request/ order?
1 Answer from Attorneys
It depends on the wording of the Texas order and how long she and the child have been in North Carolina. If they have been in North Carolina for 6 months or more your Texas order likely has about the same worth as used toilet paper. If not, it's not a NC Judge that you would initially have to convince it is a local county Sheriff's office. If they haven't been in NC for more than 6 months, a North Carolina judge would only come into play if the Sheriff's office refused to assist. If the Sheriff's office refuses to assist, it is likely the Texas Order is defective in some way. Also, you should know that if she crossed state lines with the child without consent of the father and without extreme good cause, she likely committed various state and federal crimes under the parental kidnapping act.
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