Getting Custody Back if the Children Aren't Returned After a Visit

An unmarried couple does not have any custody or support orders for their children. The mother had been caring for the children, but had mental health and substance abuse problems, and she gave the children to the father. Seven months later, after little contact, the mother asked for the kids to stay with her for a week. The father agreed, and at the end of the week the mother refused to return the children.

When the father pressed the issue, the mother called protective services and accused him of neglect. That accusation was determined to be unfounded. She is also trying to use the children to get into subsidized housing.

What can the father do to get custody back, in North Carolina?

The father should get a lawyer and file a custody case. If mom is seeking public assistance, it's only a matter of time before he's the subject of child support proceedings. If he acts swiftly, he has a much better chance of getting custody returned to him than if he delays, as he can argue that the children have an established home with him. If he waits, mom can get that advantage.

The father can try to litigate custody issues without a lawyer, but in a contested custody case it's best to get legal help.