Child Custody Dispute Resolution

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Summary

In North Carolina, if a parent violates a custody order, they could be held in contempt of court. Steps to take include contacting local law enforcement, filing a motion for contempt, and seeking legal advice. Its recommended to hire a North Carolina attorney, even if you live in California, as they are familiar with local laws. The court prioritizes the childs best interest, considering factors like stability and parental involvement. You can file an emergency motion if the childs well-being is at risk. The mother will be notified, and if she doesnt respond, the court may proceed based on the evidence. The court may expedite the process in emergencies. Consult a North Carolina family law attorney for tailored advice.

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North Carolina
In North Carolina, the parent in violation of a custody order could be held in contempt of court. Some steps to take are:
- Contact local law enforcement.
- File a motion for contempt with the court.
- Seek legal advice.
Please consult a family law attorney for more specific guidance.
Do I need to get a attorney in North Carolina to file motion
You can file a motion on your own, but considering the complexity of family law, it's recommended to hire a lawyer in North Carolina where the custody agreement is registered. They can provide tailored advice and ensure all steps are correctly followed.
Even if I live in California ?
Yes, even if you live in California. You would need a lawyer in North Carolina where the custody agreement is registered, as they're familiar with local laws and procedures.
Do I have a chance to bring my daughter back if she is a California resident
Yes, you do have a chance. However, the decision will ultimately be made by the North Carolina court based on the child's best interests. It's advisable to consult with a North Carolina family law attorney to understand the process and your options.
Mother has been primary but hasn’t been around for 4 years will that effect her
Yes, it could potentially affect the case. North Carolina courts prioritize the child's best interest, and prolonged absence may be taken into account. However, every case is unique. A local attorney could provide more specific advice.
Will North Carolina most likely give jurisdiction to California
It's possible that North Carolina could relinquish jurisdiction to California, especially considering the child has been living there for 4 years. However, it's not a guarantee and would depend on various factors. Consulting with a North Carolina family lawyer could provide more detailed guidance.
Can we file emergency motion if child is being taken care of by stranger while mother is working
Yes, you can file an emergency motion for a change in custody if you believe the child's well-being is at risk. This would need to be filed in North Carolina. It's crucial to provide evidence supporting your concerns. Consulting a local attorney can help you navigate this process effectively.
Does it make the mother look bad if she said that she will return the child and never did
Yes, it could potentially impact the court's view of the mother's reliability and commitment to the child's well-being. However, the court will consider many factors in determining the child's best interests. Do you have any other concerns or questions about this situation?
The child is 8 years old she’s been going to school here in California and has a lot of family here and is involve in many activities
This information is important as it shows the child's established life in California. The court may consider this when deciding custody. However, you would need to present this evidence in court. Do you need guidance on how to present this evidence?
Yes
To present this evidence, you can gather records of the child's school attendance, involvement in activities, and any other documentation showing the child's life in California. It would be beneficial to speak with a North Carolina attorney to ensure you're presenting this evidence in the most effective way. Shall I help you find a family law attorney in North Carolina?
Once i file motion will the mother get a notice
Yes, once a motion is filed, the other party (in this case, the mother) is typically served with a notice. This is a critical part of the legal process to ensure all parties are aware and can prepare for the proceedings.
How long will take to have a hearing after mother has been served
Once the mother is served, a hearing is typically set within * to 45 days. However, this can vary depending on the court's schedule and the specifics of your case. It's best to check with the court or your attorney for the most accurate timeline.
Can it be sooner if child is attending school in California
The court might expedite the process in certain emergency situations. However, it would depend on the specifics of the case and the court's schedule. It's advisable to discuss this with your North Carolina attorney.
How can it get expedite
To expedite the process, you can file an emergency motion, demonstrating that the child's immediate welfare is at risk. You'll need to provide compelling evidence for this. A North Carolina attorney can guide you through this process.
Is it a emergency if mother says that she was going to return her and never did
It could potentially be seen as an emergency if there's reason to believe the child is in immediate danger or if it significantly disrupts the child's life (like missing school). However, the definition of 'emergency' may vary by jurisdiction. It's best to consult with your North Carolina attorney for specific advice.
What’s considered emergency motion in North Carolina
An emergency motion in North Carolina usually involves situations where a child's safety, health, or welfare is in immediate danger. Examples include abuse, neglect, or the refusal of a parent to return the child in violation of a custody order. It's important to consult with a local attorney for specific guidance.
Will the judge look at what the mother did
Yes, the judge will consider all relevant aspects of the case, including the actions of both parents. They will evaluate the situation to determine what is in the best interest of the child. Do you have any other questions or concerns about this process?
Did it look bad on the mothers part
Yes, it could potentially negatively impact the mother's case as the court may view her actions as not in the best interest of the child. However, the overall decision will be based on multiple factors and specific circumstances.
Did the father do the right thing to let his child go see the mom in north carolina
It's not a question of right or wrong, but rather what's in the best interest of the child. The court may consider the father's decision as an effort to maintain the child's relationship with the mother. Every case is unique, and the outcome depends on the specifics of the situation.
What if North Carolina sents jurisdiction to California does the child need to come back with father
If North Carolina relinquishes jurisdiction to California, the case would be heard in California. The outcome would depend on California court's decision. The child's best interest is always the priority. Consulting with a California family lawyer could provide more detailed guidance.
Can I get temporary custody if I file motion in North Carolina to bring child back to california
Yes, you may be able to get temporary custody if you file an appropriate motion in North Carolina. However, the final decision will be based on the child's best interest. Consult with a North Carolina attorney for tailored advice.
Child only has mother in North Carolina is that the child best interest ?
North Carolina courts prioritize the child's best interest, which includes factors like stability, parental involvement, and the child's wishes, among others. It's not solely about who the child is currently living with. It's advisable to consult with a North Carolina attorney for specific guidance.
Once emergency motion if filed how long for a hearing ?
The timeline for a hearing after filing an emergency motion can vary, but it is typically faster than standard motions. In North Carolina, you might expect a hearing within a week or two, but it's best to consult with your attorney for a precise timeline.
Does the mother get a 10 day notice ?
Yes, typically in North Carolina, the mother would be given a *-day notice once an emergency motion is filed. It's crucial to ensure proper service of the notice. Consult with your attorney for accurate procedures.
What if the mother dosent respond
If the mother doesn't respond to the notice within the specified time, the court may proceed with the hearing and make a decision based on the information provided. However, it varies case by case. It's advisable to consult with your North Carolina attorney for specific advice.
If she dosent attend and court decides it’s the best interest for daughter to go back to California
If the mother doesn't attend the hearing, the court may make a decision based on the evidence presented. If the court decides it's in the child's best interest to return to California, you may be awarded custody. However, the specific procedures may vary. Do you need further assistance on this matter?
Mother hasn’t bonded with child in the last 4 years
It seems like the mother's absence plays a significant role in your concerns. North Carolina courts do consider parental involvement when determining the child's best interests. Do you have proof of this absence, like records of communication, visitation schedules, or testimonies from relevant individuals?
What proof can I show
You can provide:
- Records of communication (emails, texts, call logs) showing lack of contact from the mother.
- School records, medical records showing the mother's lack of involvement.
- Testimonies from teachers, doctors, neighbors, family members about the mother's absence.
- Documented visitation schedules showing missed visits.
Remember, it's best to consult with a North Carolina attorney for specific guidance.
And she has been primary the whole time
Despite being the primary custodian, the mother's absence could impact the court's decision. However, it's important to remember that the court considers numerous factors in determining the child's best interest. An experienced North Carolina attorney could provide advice tailored to your particular circumstances. Do you need help finding an attorney in North Carolina?
The last time before this visit the mother child 2 years ago
This seems to be a significant piece of information. Have you documented this absence? It could potentially strengthen your case. Do you require further guidance on how to appropriately present this in court?
Yes
That's good to hear. Detailed records can be valuable evidence in court. You can use this documentation as part of your evidence when filing a motion. Have you considered contacting a family law attorney in North Carolina for further assistance with your case?
Worst case scenario can the uncle and aunt do something if child has been living with them for the last 4 years with the father
In North Carolina, third parties like an aunt and uncle can potentially seek custody. However, the courts generally favor parents unless they are unfit or it's in the best interest of the child. It's advisable to consult with a North Carolina family law attorney for specific guidance. Do you need help finding one?
If they live toghethe is that a advantage that the child lives with family
It could be seen as an advantage as it shows the child has a stable and supportive living environment. However, the court considers a variety of factors, including but not limited to, the child's established routine, emotional ties, and the parents' ability to provide for the child's needs. Consult with a North Carolina family law attorney for more specific advice.
And has a stable home
Indeed, providing a stable home is a key factor considered by the court. Have you collected any documents or records that demonstrate the stability and support provided in your home? This could be beneficial for your case.
What if it’s the uncles home and dosent charge the dad rent
The fact that the father is living rent-free in the uncle's home may not significantly impact the court's decision. The focus is on the child's best interest - stability, support, and wellbeing. However, consult with a North Carolina family lawyer to understand the potential implications.
What if the whole house hold helps with the child
That could be seen as a positive aspect as it shows the child has a strong support network and a stable environment. However, it's important to consult with your North Carolina attorney to understand how this might be presented in court.