Southern Pines, NC asked in Divorce, Family Law, Child Custody and Juvenile Law for North Carolina

Q: I live in NC currently and my son is in TN. Father and I are married but he is MIA, grandma won’t let me get child.

Father is on drugs and not been seen in awhile. I would like to get my son out of a toxic situation, am I legally aloud to do so even though he as been with grandparents for 6 months? Do they have any rights? I’ve not been served any papers or anything like that. Father and child both reside in East Tennessee and I’m wanting my son here with me in NC

1 Lawyer Answer
Adam Bull
Adam Bull
  • Divorce Lawyer
  • Asheville, NC
  • Licensed in North Carolina

A: As a biological parent, you have a paramount right to the physical custody of your children, unless those rights have been terminated or you have been found to be unfit. I suggest you retrieve your child immediately to avoid arguments that you have abandoned the child or abbrogated your rights, assuming there is no Court order giving grandparents custody.

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