Legal Question in Family Law in North Carolina

Our custody agreement states that my son's father can have him for 42 consecutive days for summer break starting June 15th and ending July 27th. However, we decided to start early this year on June 2nd, in agreement that he would be home earlier. But now his father is stating that he will not be bringing him home until the 27th. Is there anything legally I can do to get my son home by July 14th, which is 42 days from June 2nd? I am feeling like he deliberately deceived me. We have a standard custody agreement and live more than 100 miles from each other. I live in NC and the father lives in UT. Thank you!

Asked on 7/08/13, 6:38 am

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.
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If your custody agreement is part of or was incorporated into a Court Order, you can simply file a motion to show cause. The agreement will need to specifically state that father is only entitled to 42 consecutive days and you will need to be able to prove your son left early. Of course, this will be after the father has failed to return the child on time. You could also potentially travel to Utah with a copy of your order and possibly enlist the aid of law enforcement to retrieve your son on July 27. But seriously is two extra weeks any real big deal?

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7/08/13, 7:25 am

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