Legal Question in Family Law in North Carolina

I have filed custody papers on 4-23-21, the mother has not been served as of today. I have not seen my baby who is 1 since 4-22-21. Im use to seeing her 4 days a week and 3 overnights. I have been reaching out to the mother, her mother and her mothers mother. All have not responded til this day. I did a welfare check today and found out the baby is with the great grand mother. What legal ground do I have to just go and pick my baby up from the great grandma? The mother of my child is nowhere to be found.

Asked on 4/27/21, 2:53 pm

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

If you are on the birth certificate and there are no court orders or enforceable agreements to the contrary you have every right to go get your child and old granny and even olser great granny have no rights. You just can not breach the peace to do it. Of course if you demand the child and the bitter old women refuse, you can simply call law enforcement. They may or may not get involved depending on whether they classify the situation as essentially a kidnapping or a civil custody issue. Best of luck.

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Answered on 4/27/21, 5:35 pm

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