Brandon, FL asked in Family Law and Child Custody for North Carolina

Q: Can you remove an intervenor from a case? Court placed my kids not dss. How do I go about getting them back?

My children falsely accused my current husband of abuse. All criminal charges against him were dropped. Now the intervenor said she will not give my kids back without a fight. I had no case against me but yet the court still placed them with the intervenor because I knew the allegations against him was false and no evidence to support the claims. This case was never investigated and just went of the word of the kids. According to the court order set in place, the kids are not to be alienated from parents, but the intervenor has the kids believing that I have abandoned them. One daughter will not talk to me and my other daughter is being treated terribly because she talks to me. The intervenor told me I had to divorce my current husband or else fight for my kids. I have a son with my current husband. How do I fix this? Please help me find the right direction. (The case is in NC but I have moved to FL)

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1 Lawyer Answer
Amanda Bowden Houser
Amanda Bowden Houser
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: You are simply not competent to fight the legal aspect of this fight and will need to retain a family law attorney in the county in North Carolina that the case is in. You consistently refer to the person who currently has custody as the 'intervenor' - odds are it is your mother (or other close family member). Where you have the best shot at being effective in fighting is in trying to reason with the intervenor. That likely will not be an easy task as it appears from the facts that you presented, the intervenor wants to attempt to control certain aspects of your life such as insisting you divorce your current husband and seems to have zero problem using your children to accomplish that task. If the intervenor is doing that, god only knows what other horrid manipulation is being pulled on the children. This is likely one area you can exploit to show the intevenor has no business having custody of children.

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