Clayton, NC asked in Family Law and Child Custody for North Carolina

Q: How do I file a motion of contempt for child custody, I'm now in another state than the courthouse?

I just moved to North Carolina from California and I have an existing custody order, which states I have joint legal custody, and visitation for the summer, my son is suppose to be here in Clayton, Nc with me at this moment but he's not and his father is keeping him from me. I can't get ahold of either of them. My son's father changed his number and according to my son's grandparents which is where my son's primary home address is, they stated my son and his father moved out. I don't know where my son is or anything. I need help on what to do and getting my son back. I'm very worried for my son's well-being.

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

A: If your joint custody is based on a court order, you would need to file for contempt in the court that granted the order. If its based on an agreement that the two of you had, you'll need to file an action for custody in the home state of the child (most likely where the child has lived for the last 6 months; although it could be somewhere else - check with family law attorney to determine). Once you determine the child's home state (and/or what court you should file in), you should have an attorney represent you who practices in that state/county.

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