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Ex refuses to return my son

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lovemyson

Junior Member
What is the name of your state? NC

My wife and I were divorced last December. We both live in the same state, but in seperate counties. My son (8yrs) came to live with me in January. His mother agreed it would be best for him...she was only concerned that she would lose her tax deduction so I agreed to let her claim him...the money does not matter to me. He is enrolled in school here, active in extracuriccular activities such as being on a baseball team that I help to coach, attends church with us and has been getting top marks on his report cards, to include glowing reports from his teacher, whom I have a positive teacher/parent relationship with as well.

I encourage him to visit his mom regularly and she calls two or three times a week. This past week he had spring break and he spent the week at his mom's. I did not hear from him the entire week and cannot contact her house as she has had the phone disconnected and does not answer her cell phone. He was supposed to return on Saturday, but did not. Instead, she called and said she was not going to return him, that she wanted to keep him there.

We have no court ordered custody at all. His mother has a history of drug use, pills most recently but also cocaine from before we met. She has wrecked 3 vehicles in the past 3 years, the last was so bad her ear was ripped off (car flipped 6 times) and she was charged with a DWI due to the amounts of narcotics in her blood (pain pills). Also charged with driving on a suspended license and reckless endangerment. These charges are still pending.

Additionally, I have recently learned from an old acquaintance that she has bee selling her pain pills for cocaine. She showed up in the middle of night recently at a neighbor's house (an assistant DA no less) half-clothed and babbling about someone being after her. She has called my parents, who live nearby, on numerous occasions complaining that someone is at her window or under the bed. I do not want my son living in this environment and my question is what are my options? Can I do anything to return him back to me at least for the time being? I do not want to simply rush down there and have a confrontation. I am going tomorrow to consult various attornies and legal aid options (my resources are limited) as to my chances of winning a custody case.

Any information or advice is greatly appreciated.
 


LdiJ

Senior Member
Your divorce did not address the issue of custody for your child? Are you sure? That would be quite unusual.
 

lovemyson

Junior Member
In our state, the issue of divorce is treated seperately from the issues of custody, support, alimony and property distribution. An absolute divorce can be sought and granted without these other issues being addressed by the courts. This was what happened in our case.

Parties are encouraged to work things out without the court's involvement, which can be expensive, lengthy and have permanent consequences. My ex and I were seperated for 5 years before the divorce so these issues were not new, we had reached informal agreements, and things had been working fairly well - the divorce was simply a formality.

Unfortunately, it looks like I am going to have to go through the courts now, I had hoped that would not be necessary.

Anyone with advice specific to my current situation, please help.
 

LdiJ

Senior Member
lovemyson said:
In our state, the issue of divorce is treated seperately from the issues of custody, support, alimony and property distribution. An absolute divorce can be sought and granted without these other issues being addressed by the courts. This was what happened in our case.

Parties are encouraged to work things out without the court's involvement, which can be expensive, lengthy and have permanent consequences. My ex and I were seperated for 5 years before the divorce so these issues were not new, we had reached informal agreements, and things had been working fairly well - the divorce was simply a formality.

Unfortunately, it looks like I am going to have to go through the courts now, I had hoped that would not be necessary.

Anyone with advice specific to my current situation, please help.
Well...the child didn't live with you long enough to give you the edge on primary custody. I assume that the child has primarily lived with mom for the last 5 years or so? However, since mom's substance abuse issues are well documented you have an edge there.

Its too bad that you don't live in the same county. That would certainly make things easier. You need a good attorney.
 
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