Legal Question in Family Law in North Carolina

Regaining physical Custody of child who is out of state

I have legal custody of my daughter. I willingly gave her paternal grandparents guardianship 3 years ago. I did this so I could get off welfare and start a new life for us. Her father is not listed on her birth certificate. He has petitioned the court for termination of guardianship and again for custody. Given those facts, if I were to "snatch" her and bring her from NH to NC, what legal trouble could I be facing?

Asked on 4/24/98, 5:51 pm

1 Answer from Attorneys

Donald Gillespie Attorney at Law
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North Carolina Custody

Do you have legal custody?What is the extent of the guardianship granted to the grandparents?Father may not have acknowledged paternity yet so may not have established standing?Child has been out of state for 3 years?NC may not be the home state for jurisdictionbut if child came to NC the "best interests" of the child would be test in most states, i.e. whether it was in the best interests of the child to remain in NH or come to NC.You should be able to show that you have had continuing contact with the child and that you have established a safe, adequate and appropriate home for the child. Do not attempt to snatch the child if you are going to try to show only a temporary rooming arrangement with a person of the opposite sex or if you lack suitable employment and/or unresolved controlled substance issues. Those factors would work against you at this time.

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Answered on 5/16/98, 7:06 am

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