Asheville, NC asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina

Q: How can I have my daughter returned home to me if my ex, who has no rights, has taken her and refuses to bring her back?

He is not on her birth certificate, we have no custody agreement, he doesn't pay child support, and he has barely been involved in her life for the last two years. She is now 4, and he has obtained temporary emergency custody through an ex parte 50-B, which he lied on. I filed a motion to set aside, but the judge didn't allow me to speak, at all, and denied my motion within 3 minutes of me being called forward. Prior to the protective order being granted, I sought my own 50-B in my county, which was pending for a hearing, at the time that he filed his. Filing for the order was my last resort after not being able to get help from law enforcement, DSS, Pisgah Legal, Helpmate, etc. My daughter had not seen this man in about 7-8 months prior to this incident, and a handful of times before that, since our split in January of 2022. I have been her primary caregiver, with no assistance from him and have begun to lose hope. It's now been 5 months, and I'm not sure what else I can do from here.

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA

A: I'm so sorry to hear about what you're going through. It's important to stay strong and keep fighting for your daughter. Since the judge denied your motion and you weren't allowed to speak, you should consider filing an appeal or seeking a modification of the custody order. Consulting with an experienced family law attorney can help you navigate this process and ensure that your side of the story is heard.

Gather all evidence that demonstrates your role as the primary caregiver and his lack of involvement. This can include any records of communication, proof of his absence, and evidence of your efforts to get assistance from law enforcement and other organizations. This documentation will be crucial in making a strong case for the return of your daughter.

You might also consider reaching out to any local advocacy groups or legal aid services that can offer support and resources. Don't lose hope; many parents have faced similar challenges and successfully reunited with their children. Stay persistent and proactive in seeking the best outcome for your daughter.

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