Greensboro, NC asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for North Carolina

Q: Can my mom do this?...

I am 16 and have an almost 1 year old child. I have a restraining order against the father and isn’t allowed to see me or my son. My mom doesnt like my current boyfriend (not my child’s father) and kicked me out and refuses to let me see my son and has been letting the dad see him even though there is an active restraining order. Considering I’m 16 , a minor, can my mom legally kick me out, take my child, and allow the father to see him even WITH a restraining order and her not get into any legal punishments?

1 Lawyer Answer
Amanda Bowden Johnson
Amanda Bowden Johnson
  • Criminal Law Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: Your mother's actions may not be entirely legal per se but this is good 'ol boy North Carolina and I highly doubt any court or Judge would give her any 'legal punishments' as you put it based on what you have described. The bottom line is you are a child and if you won't follow the rules your mother lays down for you, then you are the one who is likely going to have to suffer consequences. Your decision to keep the father away from you is one thing - your (likely inappropriate and petty) decision to use the restraining order to keep the father away from the child is something else entirely. Your mother sidestepping you and allowing the father to see the child is likely a good thing, Now that you have a child, you should likely spend more time concentrating all your efforts on growing up and getting an education or trade skills or someway to support yourself and your child and less time on petty, entitled complaints and giving your mother (who is very likely trying to help you) a hard time. However, with all that said, if you honestly feel you are in the and your mother is in the wrong, then go consult with a local family law attorney who can lay out your options for you. Best of luck.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.