Parents are presumed to have equal custodial rights until a judge enters a custody order that defines the relationship and the specific custodial arrangement, or the parents agree differently.
This is a situation where you need a lawyer too to help you through this process and give you advice specific to your situation. It might be a situation where a lawsuit needs to be filed.
Scott Allen is a divorce and family law attorney in Wake County, North Carolina with over seventeen years of experience. He can be reached at 919-648-0658. DISCLAIMER: YOU SHOULD SEEK THE ADVICE OF A QUALIFIED ATTORNEY IN YOUR AREA TO ANSWER YOUR SPECIFIC LEGAL QUESTIONS. SCOTT ALLEN IS LICENSED ONLY IN THE STATE OF NORTH CAROLINA AND THIS RESPONSE DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT CREATE AN ATTORNEY/ CLIENT RELATIONSHIP. RATHER, THE RESPONSE IS IN THE FORM OF LEGAL EDUCATION AND IS INTENDED TO PROVIDE GENERAL INFORMATION ABOUT THE MATTER IN QUESTION. ALTHOUGH A RESPONSE IS PROVIDED TO THE SPECIFIC QUESTION, THERE MAY BE OTHER FACTS AND LAW RELEVANT TO THE ISSUE THAT THE QUESTIONER HAS LEFT OUT AND WHICH WOULD MAKE THE REPLY UNSUITABLE. THEREFORE, THE QUESTIONER SHOULD NOT BASE ANY DECISION ON THE ANSWER, BUT SHOULD CONFER WITH AN ATTORNEY IN PERSON AS SATTED ABOVE REGARDING THE SPECIFICS OF HIS OR HER CASE
Situations like this also raise other questions about why mom choses to withhold the child from dad. It would be smart to consult an attorney, after all, mom has an attorney. And, giving her attorney the benefit, she may be ignoring his/her advice to not withhold the child. Assuming mom's being advised to behave in this matter suggests that the worst is yet to come.
Absent a court order defining custody to the contrary, you should have access to your child. I encourage you to seek legal help.
Legal disclaimer: Gregory Hunt it a licensed attorney in the state of North Carolina and can be reached at 704-325-5113. Any response made by Mr. Hunt upon this message board should not be construed as legal advice nor does it create an attorney/client relationship. Rather, Mr. Hunt's posts are intended as general information about the topic in question and not intended for any specific purpose or use. One should contact a qualified lawyer in their locale for specific follow-up and/or advice.