Child Custody


#1

Any advice would be greatly appricated. He refused to let me talk to my children. My youngest son just got out of the hospital in which I stayed with him and my husband took him home and refuses to let me talk to either of my children. Can he do this???

Kris H


#2

They situation is getting worse. I have know talked to my children 1 time since last week. And advice???

Kris H


#3

Here is what I would do:
Beg and plead for him to let you back in the house. Not for him, but for your kids. Once you stay the night he can not make you leave again. Dont leave. During the days, go to different loan places and attempt to get a loan to hire an attorney asap. Your children need you, and the only way for you to be able to protect your rights is to hire an attorney. You will not be able to win in the court system without one. Good Luck!


#4

He made me leave. I don’t want my children around all the yelling and screaming. But from my understanding the Temporary Order is void and null because he violated the order by letting me stay and having marital relations. I have an appointment with legal aid on Monday. So hopefully I will be able to get my children.

Kris H


#5

Email him, and keep telling him you want to see and talk to your children. Document everything. That way you can show a judge that you disapproved him keeping your children from you. Be consistant and continuous. You must be having a hard time, I know I couldnt go until Monday without seeing or talking to my children. I wish you the best. I sent you an email.


#6

You are legally separated once someone moves out with the intent to remain separated. I am not sure from your post whether you are living in or out of the house. If a 50B order was entered, it should still be valid unless a court dismissed it.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@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 but a full discussion with an attorney should be undertaken before taking any action.


#7

Iwas forced to move out by the 50b order. The courts dismissed the order. Then my husband wanted to work things out and I moved back in. then he would force me everytime i would come home to leave again. i did not want all the fussing and aurging infront of my children. he would threaten me that if i would take the children he would have me arrested because he has primary residency with the kids living with him- but we do have joint custody.

Kris H


#8

Dear KHathcock:

Greetings. What document do you have that describes your custodial situation? If you leave, you can file a custody action. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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


#9

My husband and I are not legally seperated. He lives in our home and I live with my mother. He filed a 50B order against that was dropped but the exparte order was moved out of it. I could not afford an attorney so I signed a temporary order that states we have joint legal custody but he has primary residency and my children (5 and 7) live with him. I have contacted DSS because it is not talking care of our children and I want the children to live with me. The social worker told me that since we are not legally serperated and in the last 9 months my husband has allowed me to stay at the home for weeks at a time and then make me live again he says that the temporary order we had should be void. Is this true?? If so can I move back in the residence and take the proper care of our children???
Kris H

Kris H