Non compliance to custody order

Asked about 1 year ago - Clayton, NC

I reside in Johnston County, NC and was granted temporary custody of my son after an ex parte hearing. My son is currently in NJ( went for visit)with his mother who wont allow him to return, this is why I had the ex parte hearing. I traveled to NJ and went to the police to have her served and pick up my son. The police would not serve her the papers and informed me that if I went to the house I would be arrested for a domestic offense. I can not afford a attorney at this time. What is my next step to try and get my son back. I wrote my own papers for the ex parte hearing.

Attorney answers (1)

  1. Theresa Eileen Viera

    Contributor Level 8

    Answered . I'm sorry that you are going through this. It is very likely that the police were not able to serve her and pick up your son because the temporary custody order is from a North Carolina court. In order for this custody order to be enforceable in another state (such as NJ), then the NC court order must be "domesticated" or "registered for enforcement purposes" in the other state/NJ. Furthermore, simply because you have a custody order does not mean that the police will automatically force her to turn over the child. Instead, some police departments require a warrant to remove the child from one parent's custody to give the child to the other parent (this warrant requiring a judge's signature). In addition to trying to seek enforcement of the order through the NJ courts, you may be able to file for a motion for contempt against the mother because she is violating the temporary custody order. I would strongly advise that you consult with a family law attorney because this involves a lot of complex issues. I would recommend that you contact the NC Bar Association referral program or NC Legal Aid if you have financial issues: http://www.ncbar.org/public-pro-bono/lawyer-ref... .

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