i have a paper from about 3 years ago that was signed by a judge stating its in the best interest of the children to be in my custody and their father has no visitation due to not complying with request. I was aware he had no visitation until he refused to give them back and i went and got a copy of the order. If he leaves the children in his girlfriends care during the day while he is at work by law can i get them? I have raised them 4 years alone so i do not have very much money but would like to know what my rights are as a parent while trying to find a lawyer. I was told my a police i could not get them but told by a different lawyer i had ever right. Problem lies in the fact i cannot go on the property so if i have rights to get them does my family?
Family Law Attorney
If you have an Order for Custody which prevents the father from exercising any visitation with the children, law enforcement officers will most likely follow it (provided that it is very clear by the language of the Order that he is not permitted to see the children). I'm confused as to why he had the children in the first place to then leave them in the care of his girlfriend...?
Ultimately, any attorney would need to review the Order to determine the exact language regarding custody and visitation in order to properly advise you accordingly.
2 lawyers agree
I agree with Ms. Hobgood and will add this, and I am making a big assumption. You got a Court order giving you sole custody and denying him visitation rights. For an NC court to deny even visitation to a parent, the situation must have been dire. This should have been clear to you.
It sounds as if you allowed him to take the children and now he won't return them. You should not give him visitation against the order if you want to use that same order against him. If you are voluntarily giving up the children, I can see a potential claim of abandonment or that you are giving up the children for your own purposes, using him as a babysitter only to get them back when you see fit. The Court would not like this situation and could change the custody order or take other drastic action. Again, I am making a big assumption and I hope I am wrong.