Jenelle Evans, the former Teen Mom 2 star, is facing potential contempt of court proceedings in North Carolina after her sister Ashleigh Wilson alleged that Evans removed 16-year-old son Jace from a mental health facility and is refusing to disclose his location to family members and the court. A three-party custody motion hearing involving Evans, her mother Barbara Evans, and biological father Andrew Lewis is scheduled for April 13, 2026, in a North Carolina family court.
| Key Fact | Detail |
|---|---|
| What happened | Jenelle Evans allegedly removed son Jace from a mental health facility and will not share his location |
| When | Allegations surfaced in late March/early April 2026; hearing set for April 13, 2026 |
| Where | North Carolina family court |
| Who is affected | Jace Evans (age 16), Barbara Evans (grandmother/former custodian), Andrew Lewis (biological father) |
| Key statute | N.C. Gen. Stat. § 50-13.3 (custody enforcement) and N.C. Gen. Stat. § 5A-21 (civil contempt) |
| Potential impact | Contempt finding could result in custody modification, fines, or incarceration under North Carolina law |
Custody Contempt in North Carolina Carries Real Consequences
North Carolina treats willful violation of a custody order as a serious matter that can result in jail time, fines, and immediate custody modification. According to reporting from The Ashley's Reality Roundup, Ashleigh Wilson stated that the family is "worried for Jace's safety" and predicted her sister would be arrested for contempt of the existing custody order.
The backstory here matters. Jace was primarily raised by Barbara Evans, who had custody for most of his childhood. Custody arrangements have shifted multiple times over the years, and the current dispute involves three parties — Evans, Barbara, and Andrew Lewis — all seeking some form of custodial rights. With a hearing now set for April 13, 2026, the court will have to evaluate whether Evans has willfully defied the existing order by withholding information about Jace's whereabouts.
Removing a child from a court-approved treatment facility and then refusing to communicate the child's location to other parties with custodial rights is exactly the type of conduct North Carolina judges take seriously. This is not a gray area — courts view transparency about a child's location as a baseline obligation for any custodial parent.
How North Carolina Handles Custody Contempt
North Carolina recognizes two types of contempt: civil and criminal. Under N.C. Gen. Stat. § 5A-21, civil contempt is used to compel compliance with a court order, while N.C. Gen. Stat. § 5A-11 covers criminal contempt for willful disobedience. In custody cases, courts typically start with civil contempt because the goal is compliance — getting the parent to follow the order — rather than punishment.
Here is how the process works in practice:
A party with standing (Barbara Evans or Andrew Lewis, in this case) files a motion for contempt. The court then holds an evidentiary hearing where the moving party must prove three elements: (1) a valid court order existed, (2) the respondent knew about the order, and (3) the respondent willfully failed to comply.
Under N.C. Gen. Stat. § 50-13.3, courts have broad authority to enforce custody orders, including the power to modify custody, impose sanctions, and award attorney fees to the aggrieved party. If a civil contempt finding is made, the respondent can be incarcerated until they comply — commonly described as "carrying the keys to their own jail cell." North Carolina courts have upheld civil contempt incarceration periods lasting 30 days or more in custody cases.
Criminal contempt under N.C. Gen. Stat. § 5A-12 carries penalties of up to 30 days in jail and a $500 fine for each instance of willful violation. Unlike civil contempt, criminal contempt is punitive — compliance after the fact does not purge the finding.
North Carolina also has a separate statute addressing custodial interference. N.C. Gen. Stat. § 14-320.1 makes it a Class 1 misdemeanor to take or retain a child in violation of a custody order, punishable by up to 120 days in jail. If the child is taken out of state, the charge elevates to a Class I felony under certain circumstances.
What the April 13 Hearing Could Look Like
The three-party hearing scheduled for April 13, 2026, will likely address multiple issues simultaneously. North Carolina courts can consolidate custody modification requests and contempt motions into a single proceeding, which is efficient but creates high stakes for all parties involved.
Barbara Evans and Andrew Lewis each have independent standing to seek contempt findings and custody modifications. North Carolina applies the "best interest of the child" standard under N.C. Gen. Stat. § 50-13.2, which requires the court to weigh factors including each parent's ability to provide a stable environment, the child's safety, and the willingness of each parent to facilitate the child's relationship with other custodial parties.
A parent who removes a child from a treatment facility against medical recommendation and then conceals the child's location is not positioning themselves favorably under that standard. North Carolina judges have consistently held that a parent's unwillingness to cooperate with the other custodial party is a relevant factor in determining custody arrangements.
At 16, Jace's own preferences may also carry weight. North Carolina does not set a specific age at which a child can choose where to live, but courts give increasing consideration to a teenager's wishes. Under N.C. Gen. Stat. § 50-13.2(a), the court may consider "the wishes of the child" as part of the best-interest analysis.
Practical Takeaways for North Carolina Parents
-
Never remove a child from a court-ordered or court-approved treatment program without first getting the court's permission. Filing an emergency motion takes less time than defending a contempt charge.
-
Always disclose your child's location to the other custodial party. North Carolina courts view concealment of a child's whereabouts as a serious red flag, and it can shift the custody analysis against you under N.C. Gen. Stat. § 50-13.2.
-
If you believe a treatment facility is harming your child, the proper remedy is to file an emergency motion under N.C. Gen. Stat. § 50-13.5 for a temporary custody modification — not to unilaterally remove the child.
-
Understand that contempt findings can result in immediate incarceration. North Carolina civil contempt allows judges to order jail time until the contemnor complies, with no predetermined release date.
-
Document everything. If you are the party seeking enforcement, maintain records of all communications, missed exchanges, and violations. North Carolina courts rely heavily on documented evidence in contempt proceedings.
Frequently Asked Questions
Can you go to jail for violating a custody order in North Carolina?
Yes. North Carolina courts can impose jail time for custody order violations through two mechanisms: civil contempt under N.C. Gen. Stat. § 5A-21 allows indefinite incarceration until compliance, and criminal contempt under N.C. Gen. Stat. § 5A-12 carries up to 30 days per violation plus a $500 fine.
What is a three-party custody hearing in North Carolina?
A three-party custody hearing occurs when three individuals — typically two biological parents and a grandparent or other caretaker — each assert custodial rights over the same child. North Carolina courts apply the best-interest standard under N.C. Gen. Stat. § 50-13.2, weighing each party's fitness, stability, and relationship with the child.
Can a 16-year-old choose which parent to live with in North Carolina?
North Carolina has no statute setting a specific age at which a child can choose. However, under N.C. Gen. Stat. § 50-13.2(a), judges give significant weight to a teenager's preferences as part of the best-interest analysis. At 16, a child's expressed wishes are influential but not determinative — the court retains final authority.
What happens if a parent hides a child's location from the court in North Carolina?
Concealing a child's whereabouts in violation of a custody order can trigger both civil contempt and criminal charges. Under N.C. Gen. Stat. § 14-320.1, custodial interference is a Class 1 misdemeanor punishable by up to 120 days in jail, and it becomes a felony if the child is taken across state lines.
Can grandparents get custody in North Carolina?
Yes. North Carolina allows grandparents to seek custody under N.C. Gen. Stat. § 50-13.1 if they can demonstrate that both parents are unfit or have acted inconsistently with their parental rights. Barbara Evans previously held custody of Jace for over a decade, which establishes a strong precedent for her continued involvement in custody proceedings.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.