Raleigh, NC asked in Family Law and Child Custody for North Carolina

Q: Ex and I have court order for 50/50 but he's not getting him or keeping him on his days. What can I do?

He's either having our 4 year old stay at his parents on his days or asking me to keep him. I don't want to take away his rights but I want my son instead of him just spending the night anywhere when his dad is supposed to have him.

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

A: Not only do you not get to unilaterally 'take away his rights' but you can't force him to take the on his days child either. Further, you unless you court order specifically states it (which it likely does not) you don't get to dictate what the father does with the child (assuming what he does in't illegal or harmful). If you don't like how things are going and you can't or won't work directly with the father to see if things can be voluntarily corrected to more to your liking then likely your only viable alternative is to shop around for a local family law attorney to explore options such as enforcing the order (if applicable) or modifying the order to be more specific regarding what you want the ex to do. However, if your gripe consists mostly of not liking the child being with grandparents - there likely isn't much you can or really even should do about that.

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