Being denied visitation


#1

Dear Blindsided:

Greetings. In Wake County, and other surrounding counties, where the situation does not arise to the level of an emergency but is heinous (like using the child for negotiating or alienating the child from the parent), the court will hear the child custody as a temporary issue and set a temporary schedule.

If you are seeking custody, you need to immediately seek more time with your daughter. Document every request in writing and note the response. Keep a calendar. Ask your attorney to set a temporary hearing with the judge for child custody at the time of the child support. Maybe your attorney will be told no, the judge will not hear it at that time, but that is a risk you are apparently willing to take. Best of luck and please keep us posted.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

Hi,

My wife left me and moved out of state with my 2 year old daughter without my permission.

My wife filed for child support/pss/attorney fees. She said that she would move back to an apartment so that I could be in my daughter’s life.

She has since re-negged on that promise. I have only seen my child for three days since June. Every time I want to set up visitation, something falls through. She insists that I sign a consent order saying that I won’t try to keep my daughter. Also, she will not let me keep my daughter overnight.

My lawyer has advised against an emergency custody order, but has not provided an alternate resolution.

What can I do (or my lawyer) so that I can get normal visitation set up?

I go to court in one week on the above mentioned support issues. Permanant custody hearing is scheduled for Feb '04.

I will be seeking custody. Can I file to get an earlier hearing?

The most important question is - how do I get to see my daughter now and regularly?

Thanks.

Blindsided.