Q: Can he keep my kids from me?
My ex was gone and didn't talk to our kids for 5 years. He owes me $20,000 in child support and his still ordered to pay for which he is going to court right now for not paying. He came back in the picture about a year ago. He took it upon his self to pick then up on last day of school and work not give them back. Can he legally do that?
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- North Carolina
- (910) 333-9679
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- Answered
A: Assuming the issue of no contact was his choice and not you keeping the children away from him, after 5 years of no contact and no child support, you likely should have terminated his parental rights. Since you didn't do that, as it stands right now, if he is on the birth certificate and assuming there are no court orders or other written custody agreements to the contrary, he likely has as much legal right to the children as you do. So essentially, he is very likely within his legal right to pick up the children. However, not giving them back is another matter. Based on the facts that you have presented, you should have zero trouble getting a Judge to order an immediate ex pate order to force him to give the children back. Also, unless he has some extremely good and compelling reason not to give the children back to you, you should probably look into terminating his rights now and being done with him and just forego the $20 grand - you likely never see much if any of it anyway. Best of luck.
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