Can I see my child now & other questions


#1

Where is this action actually pending?

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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

ROSEN.COM

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.


#2

Davidson County NC Thomasville is where I am supposed to meet the CSE Worker. I have replied to the civil action asking the court to decide if I am the father legally since the mother was married to someone else at the time of the child’s conception and birth. And from what I hear from family members, the child now believes her father is the step-father and knows very little about me. On top of that, we have found out he is a convicted sexual offender!(not sure if I should put that link here) The Civil action was in Davidson County, NC, and I replied in Lexington, NC (Davidson County)
Thank you for the advice you have given. I appreciate any further advise as the court date is Fri. Sept 9, 2008 at 9:30am, Davidson County Courthouse, Room D, Lexington, NC and I am at a loss. We looked at our finances and there is very little room for attorney fees. I would happily forward a copy of the response I made.

Owned


#3

When child support is handled by child support enforcement, the child support and child custody actions are heard separately. You would need to file a separate action for custody in Davidson county and ask the court to award you visitation.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#4

Am I the only one that sees anything wrong with this system? I have been ordered to pay child support. Paying the ordered child support is going to strech our budget but, I have every intention of paying it. However, now, I REALLY don’t have the money to file for visitation with the aid of an attorney. I am going to do it on my own but, why should I have to pay almost $100 just to file the papers? This woman deliberately mislead me, took this chid out of state, and has resided with a convicted sexual offender! Someone tell me where the justice is in this situation! I would really like to know who thinks this is RIGHT???

Owned


#5

The filing fee coves administrative costs of the court, though I understand why you feel the fee is a burden.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#6

I really need some advice. Do I need to respond to the civil commencement against me even though the Child Support Enforcement Worker told me I don’t? Can I request visitation to be set up with my child now? Can I charge the mother for kidnapping since she took her to another state? Will the court expect me to pay all 12 years of child support, since I was unaware I had a daughter? Does anyone know of a good counseler in WV that my daughter could see? Can I make my ex take her to someone? I know this is going to be traumatic for her as she believes her step-dad is her real Dad. Should I just pay the child support & not disrupt her life even though I would like to be part of her life? My orginal post explains the situation in more detail(copied below) I need to add one more question, sorry. Labcorp did the DNA testing and lost it,(NC found the results not WVA) that is why I didn’t hear anything from them. Should I make them do another DNA test since, I have read some articles that question their validity in some cases? Any answers would be appreciated. I would like to know which forms to use to answer, file for reasonable visitation, if not custody. A friend told me that he has heard if a child is living with a father figure that that man can be held responsible for child support. I am so confused, please help. Thanks

Confusing Story, I will try to simplify.Ex wife dissapeared with a child, over 12 years ago. We were divorced legally. No child support or visitation was ordered as I was led to believe the child was not mine. 3 years ago I was asked to submit for DNA testing which I did. I never heard back re: the results of the paternity testing so, I assumed I was not the father of the child as I had been told by her. My name wasn’t on the child’s birth certificate & she was married to someone else at the time of the conception & birth (we married later).
Now, child support enforcement in NC via WVA, states the tests shows I am the father. Lost results have been found. I have to file a response. Since she is my child I want visitation, possibly even custody, as her mother is mentally ill (per her family she is bi-polar)What should I do now? Am I responsible for 12 years worth of child support/medicaid in another state for a child I didn’t know was mine? Can I file for custody in my response? What is the best way to handle this situation? I am not trying to get out of paying but, it is not fair that I have a 12 yr old girl, that believes another man is her father (also per the family) And it is not fair that I am being hit with this all at once. I have a step-daughter (GF’s daughter) the same age & I know adolescence can be hard. Child Support Enforcement told me I didn’t have to answer the Civil Commencement against me but, I am afraid not to. They have also set me up an appt to bring in all my financial records (self employeed). I don’t know what to do, please advise me. I do not have the money for a lawyer. Also, my girlfriend is half owner of our business & she is worried that the court will base child support on our businesses profits, not just my share. My GF is very supportive of me getting visitation &/or custody arranged. She thinks the girls would be great together, in a stable and loving home. Please advise. Should I respond to the civil commencement? Should I file for custody? How do I make sure my GF’s half of the business is protected? I saw an article about a man who had to pay child support, despite the child not even being his. I want to be fair to the child but I can’t afford thousands of dollars in arrearges!

Owned