Maryville, TN asked in Family Law for North Carolina

Q: My 16 & 15 y/o have been staying with my mom during covid19. now they refuse to come home. how to i make them come home

I am a registered nurse and work in the emergency dept. my kids have been social distancing from me to keep them safe. We live in NC. I have full sole custody of them.

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2 Lawyer Answers

A: Generally, unless your mother has legal custody (a court order, giving her custody), she cannot keep them without your permission (that's potentially kidnapping). She must have either your permission, or the other parent's permission, to keep them. That's the legal part.

The "healthy" part may be that they should stay with her (or somewhere else), given your potential for getting the virus????

The practical part is that they are old enough to leave, because you cannot physically make them stay if they don't want to.

Lots of things to consider, and I would ask alot more follow up questions, depending on which way you wanted to go. Consult with a family law attorney, if you decide you may want to take legal action.

Amanda Bowden Johnson
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Answered

A: You are the mother and they are the children. You go and get them and physically put them in your car and tell them what to do.

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