Unfortunately for her, he has rights to the children regardless of whether or not he pays child support. Unless his rights have been taken away by the courts then he has a right to visitation with the children and unless custody has been agreed on or decided in court, they legally share custody. If would not be considered kidnapping if he took the children.
She may as well file for support because even if she never gets it from him that will just be one more x against him. The courts do not look kindly on “deadbeat” parents who have outstanding warrants for domestic violence. I would say that would greatly reduce his chance of ever obtaining any type of legal custody other than visitations.
She should file a protective no contact order against him. Get a recorder on her telephone and keep all text messages for documentation. This will add to the warrant and stack more in her favor in the event that he does come back to NC for the children.
Unless there is a custody order, he has as much rights to the kids as she does. Whether he pays support or not. What she needs to do is file for sole custody. Use the warrant, the threats, the fact that he doesn’t support his children as reasons. Once the custody is settled… go for child support. Keep proff of his threats… if he does get visitation… it could be required supervised.
If he continues to threaten her safety and the safety of the children she can seek a domestic violence protective order on behalf of herself and the children. She can also file an action for custody and ask the court deny him custodial time with the children. She should also seek child support, he has no more or less rights because he pays child support. However, she should consult with an attorney, if he has not visited with the children or paid child support in two years, she may be able to seek a termination of his parental rights.
In any case, she needs to deal with this, rather than simply living in fear for the rest of her children’s childhood.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I have a very close friend,whom 2 years ago her kids’ father(she has two children by him)Hit on her. She called the police,and he was arrested and given a court date. He had been arrested before and had anger management training. Well he fled to Texas with a Warrant for his arrest in Cumberland County,NC.
He now lives there and he calls her,text her and threatens her every chance he gets. He also keeps threatening to take the kids from her. I was wondering if it is possible? I also told her to get child support but she said it will give him rights and he can take them away.
Can she get support and what can she do to keep him from kidnapping the kids,because he said he is going to do it.