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

Q: What can I do if my childs father refuses to bring me my daughter back to me if neither of us got custody

We dont have no court order in place

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2 Lawyer Answers
Amanda Bowden Houser
Amanda Bowden Houser
Answered
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: If things are the way you describe them and he is on the birth certificate, then he has as much right to the child as you do. Unless there is a Court Order or a binding agreement in place to the contrary, he has no legal obligation to return the child. If you want the child back and he is refusing, your legal option is to consult with a local family law attorney and look into getting an emergency custody order. Best of luck.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
Answered
  • Divorce Lawyer
  • Greensboro, NC
  • Licensed in North Carolina

A: To keep this answer short, there is really only one step you need to take, which is to file an action for child custody. Consult with a local family law attorney about the necessary steps to make this happen, but until a court order is in place, he is not required to return the child to you (nor would you be required to do the same).

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