Asked in Family Law and Child Custody for North Carolina

Q: My son has court ordered Temporary primary custody of his son. I do the exchanges for the visitation for my grandson to

See his mother. His mother has been driving to pick him up and she has no license or insurance. Do we have to give him to her if she is driving illegally and putting his life at risk. I've asked her to have someone drive her or take an uber.

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Amanda Bowden Johnson
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Answered
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: "Putting his life at risk" - seriously? Not being licensed doesn't affect one's driving skills, so the child's life is not at any more risk than if she were properly licensed. I'd be more concerned about her insurance situation. As to whether you can get her into trouble and / or refuse to let the child ride with her. The answer to both is likely yes but you had better be certain she is actually not licensed or you may face some trouble yourself. In a situation like this where a parent is doing something you don't like but the child's life actually is not at risk, it is better if you butt out of other people's business or if you are gonna stick your nose in, limit it to calling law enforcement to report the illegal driving.

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