Q: What are my rights
Me and my boyfriend of 8 years from North Carolina December 2016 we have two children out of wedlock we have decided to split up well I'm doing so took off with my two kids back to North Carolina I want to know what my legal rights are he has to give them back correct? My daughter is also in school today would be official first day that she had missed
A:
I am sorry you and your family are going through this. There are not enough details set out to give you a meaningful response. I would make sure the children do not miss school- whether it is an enrollment in N.C or Tenn.
Your boyfriend and you will need to work through visitation, custody and child support issues.
I can't tell whether this would be under Tennessee or North Carolina law.
A: In TN, you are the sole custodian of the children since you were never married (unless and until there is a court order to the contrary) and have the right to take them where you want and enroll them in school where you want. I am not licensed in NC, but I believe the law is different there. I believe the law in NC is that you both have equal legal rights to the children. I recommend that you consult an attorney to figure out what your legal options are to resolve the situation so that you can figure out what your next steps should be.
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