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Divorce, Family and Custody Cases Family law deals with family-related issues like marriage, spousal abuse, child custody, visitation, and child support.
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Old 07-10-2008
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Question unmarried parents father has child

Ok I am the father of a 5 year old boy. I took him from his mother 3 years ago. We went to court and had child support suspended because my boy had been staying with me and the mother still collected child support. The mother tried coming on our property 2 times to try to take the child back but she was removed by the police and told her that if she was to return she would be trespassing. So 3 yrs have passed and she has not seen her child. While in court getting child support dropped the judge looked at her and said "I'm sorry ma'am I can not get your son back" Legally if the father signed the Birth Certificate he has equal rights as the mother. Being that I wouldn't of took him from her.

My main reason for taking him from her is because he was 20 lbs at 2 years and 10 months almost 3 yrs. He was always on some kind of medication from them telling the doctors he was sick. He was drowsy everytime he stayed with me. His medical records are 100 pages which is rediculous because he hasn't been sick not once since I've had him. So either they were dirty or they kept him drugged up to go to sleep and not have to deal with him. He could barely talk, grinded his teeth, peed the bed, did this for about half a year. Mostly if she would call and talk to him. I never understood why. He would tell me stories of his mother locking him in a closet, her having sex in front of him. Something a child that age should know nothing about. Also he has been molested by his older brother which is now 8. There are tons of things I could list on here but to get to the point I do not want him back with his mother at all. I don't even want him visiting them.

My question is can she take him from me. She has not bought him ANYTHING in the 3 years I've had him, calls 2 times every 6 months. Acknowledges that her other son molested other kids at school and that he is in counseling for it. I live in the state of North Carolina in Cumberland County.

Another thing is that she doesn't have a job, has 2 other children, no stable place to live, and my son hasn't seen her in almost 3 years now.

Also can I move out of state without getting into trouble for kidnapping? Again there is no custody between us, we were not married.
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