Legal Question in Family Law in North Carolina

My parents have my son

My parents have my son and they will do anything to stop me from taking him with me. I have sole legal custody of him. I let him stay with them while I was going through my divorce now I want him with me but my mother will do anything to stop me from taking him. My mother can be very controling and sometimes violent towards me and my son has seen this happen once before when I wanted to take him. My son will be 14 this year, can my mother stop me from taking him to live with me. what can I do my mother threatens me all the time about what she will do if I try and take him. Please tell me what I can do. Thank You


Asked on 6/02/04, 8:31 am

1 Answer from Attorneys
Jim Griffin The Law Office of James L. Griffin

Re: My parents have my son

Parental custody trumps grandparent custody. Take the kid. You may need to get a deputy to go with you. If your mother gets violent obtain a restraining order. However, your mother will likely try to show that you are an unfit parent and she should have temp custody. If you have sole custody there is nothing that your mother can legally do.

Good luck

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Answered on 6/02/04, 9:49 am


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