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Rights of a mother North Carolina

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  • Rights of a mother North Carolina

    I have a 14 year old son. His father and I split up 9 years ago. My son always lived with me up until 3 years ago and he decided to live with his dad. We do not have any legal papers it has always been our sons choice to who he lives with. My sons father has turned him against me and my family (sons father rapped my niece...she pressed charges 4 years ago...it has finally come to an end after 4 years...He took the plea bargain so he doesn't have to serve time). My sons father has told him this was my family's fault we have not discussed this issue with my son because he was so young when all this took place. Now in the last 2 weeks my son will not come see me or call. Do I have any chance if I take legal action to make him start coming. Is my son able to say he doesn't wont to come since he is 14. I don't have money for a lawyer so I am trying to figure out if I have any ground to stand on and what I need to do

  • #2
    Originally posted by Hope Day View Post
    I have a 14 year old son. His father and I split up 9 years ago. My son always lived with me up until 3 years ago and he decided to live with his dad. We do not have any legal papers it has always been our sons choice to who he lives with. My sons father has turned him against me and my family (sons father rapped my niece...she pressed charges 4 years ago...it has finally come to an end after 4 years...He took the plea bargain so he doesn't have to serve time). My sons father has told him this was my family's fault we have not discussed this issue with my son because he was so young when all this took place. Now in the last 2 weeks my son will not come see me or call. Do I have any chance if I take legal action to make him start coming. Is my son able to say he doesn't wont to come since he is 14. I don't have money for a lawyer so I am trying to figure out if I have any ground to stand on and what I need to do

    After you found out that your ex had raped your niece, it was still ok for your son to live with his father, yes?

    Then you seriously cannot hold that against him at this point. With that said, if there are no custody papers in place you are technically your son's only legal custodian.

    However if you file for custody you can guarantee that Dad will file for custody too and since he has 3 years' worth of status quo on his side he'll likely keep custody.

    You might want to consider filing a stipulated agreement where Dad is CP and you have the normal, enforceable visitation schedule.

    And honestly Mom? You and Dad made a HUGE mistake in allowing your child to decide where he wants to live. You've given him way too much power - and this is the result.

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    • #3
      I agree that letting an 11 year old decide who to live with is a big mistake. As for the status quo, I don't know if that will fly, but certainly you could claim that there is parental alienation, since he's turning your son against you, and the courts don't like that. I'd really be worried that a rapist is teaching your son how to treat women......
      I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

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      • #4
        Contact children's services they will be very interested in fact a rapist is raising a child!
        http://www.parentnook.com/forum/

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