Legal Question in Family Law in North Carolina


I was married back in 1987 ,we had i child during the time we were married.I filed for divorce in 1994,he never asked for visitation or custody of the child.We still saw each other years after,I ended up with 2 other children by him.He never asked for visitation or custody of them either.In fact, he asked for paternity test for the last 2 kids,when i asked for child support.The test were 99.99% he was the father, so he was ordered to pay.Still he never asked for visitation through the courts.I thought that they needed to be around there dad, so i would call and let him see them,when ever it was good for him.But, I have remarried a few months ago,and my new husband is from another state.Is there anything he can do to legally stop me from taking the kids with me?

Asked on 1/26/04, 7:52 pm

1 Answer from Attorneys

Jim Griffin The Law Office of James L. Griffin

Re: custody

There are some things he could do to try to keep the kids in NC. The question is whether he would be successful. He could ask that you be restricted from taking the children to another state-he could seek custody-he could seek longer visitation. The standard is "best interest of the child." What is the childrens' best interest? However, I may have an alternative solution to retaining an attorney to help with your custody issues. If you would like more information, please e-mail me and I will send it out to you.

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Answered on 1/26/04, 11:00 pm

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