Asheville, NC asked in Family Law for North Carolina

Q: Can a child’s parent dictate who children are around while children are in other parent’s care?

Spouse’s daughter was molested by cousin but has no contact with cousin. Ex is demanding that children not be around spouse or her daughter even though her children would not be around abuser either. Current spouse is safe - does not do drugs, drink and is not abusive.

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

A: Sure, if you allow it. Otherwise, they would need a court order or for you to enter into a binding agreement to force that sort of restriction on you.

Angela L. Haas
Angela L. Haas
Answered
  • Raleigh, NC
  • Licensed in North Carolina

A: One parent cannot dictate who the child is around when in the other parent's care, unless that parent has sole legal custody of the child. With that said, perhaps there is some other agreement the two of you could come to, so that the other parent feels that appropriate safety measures have been put into place, to insure that nothing happens to the child who they believe may be in danger.

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