Mooresville, NC asked in Child Custody for North Carolina

Q: How do I obtain temporary custody of out of state child in NC?

My grand child is in NC with her father. Her mother lives in Missouri. The father was granted temporary custody due to the mother not being served in Missouri to appear in court in NC until the day of court. (which made appearance impossible). We have been traveling from Missouri to NC for the custody court dates including mediation orientaion and upcoming actual mediation. The father did not show for orientation and we found that he also did not show for a violent criminal felony hearing he had as well and there is not a warrant for his arrest. My daughter in law, who is the mother of the child, will be going to the next ex parte hearing on the temporary custody order next week and we need to get the temporary custody order dropped and obtain temporary custody of the child. With the expense of the travel it is hard to pay for an attorney. Is there a way for the mother to get temporary custody and bring the child back to Missouri?

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1 Lawyer Answer
Angela L. Haas
Angela L. Haas
Answered
  • Divorce Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: Short answer is "yes". With that said, there are a lot of variables, depending on the following: Why does the mother live in Missouri and the father lives in North Carolina? How long has each lived in his/her respective state? How old is the child? What does the child want? Is the child in school? Was the child with father, when he committed the felony? What type of life would the child have with each parent? What are the parent's support systems? Why does father have child here? Why did the moving parent move? Who has been the child's primary caregiver? For how long? What has each parent done with the child, historically? How long have the parties been separated? This list goes on...

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