Legal Question in Family Law in North Carolina

Who has custody??? There was a dependency case that granted the father custody from a foster care case. I filed for custody and won but then the father waited 3yrs later to have it thrown out on false pretenses. Since my order was thrown out, the father is claiming that custody was reverted back to him from a dependency case back in 2014 against NC state.


Asked on 2/16/22, 4:45 pm

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

The court typically doesn't 'throw out' orders for false pretenses unless there was in fact false pretenses. Likely the father is correct and custody reverted to him based on his prior order. Of course, this may or may not be the case - you haven't provided enough information to make that determination here. The bottom-line is you need to hire a family law attorney to evaluate your situation in more detail than can be done in a forum like this and lay out any options you may have but based on what you have provided, it sounds like father should have custody and you should have not won when you filed. If this is all taking place in NC you will have a tough row to hoe bringing and winning a new custody action after having your prior custody order overturned on the basis of false pretenses. Best of luck.

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Answered on 2/16/22, 6:16 pm


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