Q: Looking for a little help. I live in North Carolina. My husband and I have his 4 kids full time for 2 years now.
Looking for a little help. I live in North Carolina. My husband and I have his 4 kids full time for 2 years now. BM was released from jail in April. We have since filed for custody, she responsed through the court's with a request for extension to seek legal representation. It was granted til October 1st. My question is since there is no custody order in place, can she legally keep the kids from us when it's time for them to come home from a visit?
Or if it is legal for her to keep them, would it look bad on us in court if we just kept them from her until we have a CO in order?
I've read several q&a from attorneys stating if there is a co in progress that she can NOT keep them from us. But just wanted to check with y'all and see if anyone here knew from experience. Thanks in advance.
A: Of course she can do it. The real question is whether it is legal for her to do so. The answer to that is if there is no custody order or other enforceable agreement in place then yes, she can as she has as much right to the children as the father. However, if she pulls a stunt like that it will make her look bad in court and likely help your husbands case.in place
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