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  1. #1
    Join Date
    Jul 2007
    Posts
    1

    Default No Order In Place, Father Refuses To Allow Access To Our Child, in North Carolina

    On July 3rd, I went to pick up my son from his daycare and they advised me his father did not bring him in that day. I immediately called my ex husband and he said that he would meet me at a local fast food place. When he arrived he got out of his vehicle and we got into and arguement. I finally told him that I did not want to fight in front of the baby and that we were going to go home. He got into his vehicle and tried to leave. I stood in front of the vehicle and would not move. We then argued more, I repeatedly asked him to give me the child, that we could discuss everything once we were both calmed down. He rolled the minivan trying to push me out of the way. I was not hurt physically by any means. I stepped back and he rolled it again, at this point I was against the hood of the car. I would not back down again. He put the minivan in reverse and backed up to bypass me. All this was going on while our 3 yr old is in the back of the minivan watching. I got into my car and proceeded to follow him. He got onto the interstate cutting and weaving in 5:30 traffic, going over 70 mph. I called 911 and once I reached 75 mph and he was still pulling away rapidly and weaving in and around cars, I let up and within seconds lost sight of him. I waited for a sheriff to arrive when I found a place to stop, the sheriif (or deputy) told me there was nothing I could do because there is not an actual order in place for custody. That his father has equal rights to him. After speaking with my fiance and brother, they encouraged me to contact the State Police and talk with a Trooper. I did so, I asked if there was anything that I could do. The Trooper told me to go to the Magistrates office and take out papers on my ex for what happened with the minivan in the parking lot. I did so. A Warrant was issued for his arrest for Assult (or attempted) with a deadly weapon. My question is what will the police do? Will they try to find him, or will they only arrest him if they should happen upon him? I went to his mothers house and his minivan was there. I called the police and they came out. But no one would answer the door, the officers advised me that they could not enter a residence with an arrest warrant. Why is that? That there was not a Search Warrant issued. What is the difference between the two? I know I have alot of questions. Its July 4th and I can't go in and request a Emergency Temp Custody Order until tomorrow. My atty, of course is not in the office and I'm freaking out about the possibility of our son witnessing all this and what would happen if the child is present when and if he gets arrested. I would be sooooo thankful if someone could answer even a few of these questions for me.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: No order in place, father refuses to allow me to speak to or see our 3 yr old. NC

    how has paternity been established? If it hasn't been established legally, then the possible father has no legal rights to the child. None.

    If that is the case, call the police and tell them that the guy has no legal rights to the child as paternity has not been established.

    If paternity has been established, then he has as much right to the child as you. Until you go to court and the judge orders custody and visitation, there is little you can do about what the father is doing.

    The police has no reson to enter the house in the question. They had no proof of anything that would alow them to enter and they did not have a warrant.

    search warrant; gives the police the right to search the area listed in the search warrant

    arrest warrant; a warrant for the police to actually arrest and take into custody the suspect.

    Either one is issued by a judge.

    You seem to believe you have more rights to the child than the father does. Not so. You are actually experiencing what many fathers experinece only in reverse. Keep that in mind when thngs get straightened out and you consider keeping the child from his father.

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