Q: Seeking legal guidance for DSS's unlawful removal of child, due process violations, and pursuing custody motions in North Carolina.

A: If DSS removed your child without a signed order in place and didn’t give you notice or paperwork, that’s a serious due process concern. In North Carolina, DSS must either have an emergency order or get one signed right away, and parents are entitled to notice and a hearing. Your next step is to file motions in juvenile court — a motion to dismiss, a motion for return of custody, and to challenge the no-contact order. Document everything (dates, lack of notice, unsafe placement) and bring it up in court. The best way to move forward is with a North Carolina attorney experienced in DSS and juvenile cases, since these cases move quickly and have strict procedures.

A: What you are describing raises very serious due process and parental rights concerns. In North Carolina, DSS must have either a signed court order or meet the strict requirements for an emergency removal under N.C.G.S. § 7B-302 before taking a child. If your child was removed before the order was signed and you were not provided notice, service, or the opportunity to be heard, that may be a violation of both state law and your constitutional rights.

You can address this in the juvenile court handling your case by filing a motion to dismiss for lack of due process and statutory violations, and a motion for the immediate return of custody. In these filings, you would explain that DSS acted without legal authority, that the order was signed after the removal, and that you were not properly served. You should also raise the fact that DSS placed your child in a home that was unsafe, which undermines the claim that removal was in the child’s best interest. The court has the authority to review whether DSS followed the law and whether your rights were violated in the process.

If the juvenile court does not provide relief, you may also consider pursuing a civil rights action under 42 U.S.C. § 1983 for violations of your Fourteenth Amendment rights. These cases are complex, but they allow you to hold DSS accountable for unlawful removals and lack of due process. For now, your priority should be filing the custody-related motions quickly, so the court has a chance to correct what happened and give you the opportunity to reunite with your child.