Full question:
My son's father, to whom I am still married, has taken my son and won't give him back. We have seen a mediator already and now my husband is violating the court order. Neither the police nor the magistrate will help. We have been separated for eight months. What forms do I need to get my son back and get my husband in trouble for violating the court order?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: North Carolina
Answer:
A divorce may be granted in North Carolina based upon the incurable insanity or mental illness of one of the spouses, or upon the parties living separate and apart for a period of one year without cohabitation. At least one of the parties to the action for divorce must have resided in the State of North Carolina for at least six months immediately prior to the institution of the action for divorce.
Child custody
Custody will be determined according to the best interests of the child.; There is no presumption that one parent is better suited to promote the best interests of the child.; Factors the court will consider in determining the child's best interests include:
1. Acts of domestic violence between the parties;
2. The safety of the child;
3. The safety of either parent from acts of domestic violence of the other parent.
As far as your husbands refusal to obey a court order, you might look at US-MOT-01408 (Motion for Contempt of Final Decree of Divorce).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
