Can a mother keep her child away from the father if there is no court order

Asked over 2 years ago - Fuquay Varina, NC

bc the father doesnt want to sign a paper from the mothers lawyer that gives the mother sole custdoy the mother is keeping the child from her father can she do this?

Attorney answers (2)

  1. Scott E. Allen

    Contributor Level 11

    1

    Lawyer agrees

    Answered . 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... more
  2. Gregory Hunt

    Pro

    Contributor Level 8

    1

    Lawyer agrees

    Answered . 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.

    Good Luck!

    Legal disclaimer: Gregory Hunt it a licensed attorney in the state of North Carolina and can be reached at 704-325-... more

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