Child Custody


#1

Well since my first post my husband has called DSS they told him that having no heat in his ex-wife’s home was not neglect,I guess he needs to freeze to death or be molested by his mother’s boyfriend in order to be taken out of her home.My husband called legal aide also to see if we could get any help.They told him he stood a good chance of getting custody but they couldn’t help him but if his ex-wife was to call for help they would help her because their son has been living with her.My husband then called his ex-wife’s mother and she told him that she had gotton her son talked out of getting her probation violated.So I guess my husband and kids are just out of luck on getting to see their son/brother for now anyhow.


#2

StepMom,

The situation that you have described does not sound positive for the child. Your husband should consult with an attorney and discuss a custody action. Most attorneys will meet with folks for a small fee and advise them of the potential relief available.

David L. McGuire
Attorney
The Rosen Law Firm
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.


#3

Since my husband’s ex-wife doesn’t seem to be going to jail at this time and that is when we had planned to get everything going while she was in jail,I’m wondering when would be the best time now. She said she was planning on having the child support started back. Would it be better to wait until after she does, or should we start the process before any child support is brought up?


#4

Dear StepMomofOne:

Greetings. Never wait when the child is in a bad situation. Just the fact that she might have gone to jail would be enough to motivate me to take action. The question I have is why is he waiting? I believe that a judge would ask this also.

My advice is to proceed to file an action now. Pay guideline child support, constantly ask to see the child, and take the child to a counselor when the child is with you to ensure that the child is adjusting to the “drama” well. Best of luck!

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.


#5

Thank you so much for the response. My husband waiting to take any action is not really by choice,we have contacted numerous attorneys but none are able to work with us on the money part of the situation. We paid 75 dollars just to talk to one attorney then he wanted 1000 dollars for a retainer and so much an hour. Others have wanted 2500 to 3000 dollars. We just do not have this kind of money on hand and have no way of borrowing the money either. My husband thought that if she did seek child support he could do something about custody/visitaion when he went to court for the child support so maybe we wouldn’t need an attorney to file the papers to get things going. I did get an email back from one attorney today that I had contacted by email a week or so ago, from his email he may be able to help so my husband is going to contact him tomorrow and hopefully we will be able to do something about the situation.


#6

Dear StepMomofOne:

Greetings. Retaining a good attorney can be an expensive endeavor, but one that is well worth the cost. Sometimes, clients must use credit cards, equity lines, or borrow funds from family members when they do not have the funds initially to retain an attorney. Protecting your children is a priceless endeavor. Their lives are dependent on the situation.

Finally, you can file for child support for no cost (or low cost) with the North Carolina Child Support Collections. They will NOT deal with child custody issues in this forum.

I wish I had better advice on funding a child custody matter, but I am sure that you will find a good solution. Best of luck.

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.


#7

My husband has a ten year old son from his first marriage.His ex-wife has kept him from his son for the past nine years until this past April he recieved papers saying she wanted child support so my husband signed the papers and started paying $302 a month. In July he made a call to dss after he found out that her boyfriend had been charged with indecent liberties with a child. They took my step son out of the home for a little while and placed him with his grandmother.DSS found no evidence of neglect so they placed him back with his mother.Months went by my husband paid the support as ordered until he was injured at work so he contacted his ex-wife’s mother about coming to an agreement about the child support. They agreed that he would pay $400 a year (that was her decison husband offered to make monthly payments) and she would let him see his son on the weekends at her mother’s home until she got in a fight with her mother back on November 10 she didn’t want her son back at her mother’s home so he started to stay weekends and the holidays with us.We were meeting at a place half way between our homes. On two occasions she came to our home when my husband wasnt here because of the weather their son wanted to come to our house early my husband wasn’t here at the time and I have no car so they brought him here.Everything was going fine until yesterday when it was time for him to go back to his mother he wanted her to just come to our home and pick him up, my husband said no he would take him to meet her he did not want her at his house. We met her and her boyfriend and she started jumpping all over my husband saying she would come to our home anytime she wanted and that he would never see his son again and that she was going to start the child support back. After some arguing she got in her car and drove off as did we she pulled in behind us and stayed on our bumper my husband would pull over and so would she. We were finally able to get away from her. My husband is now wanting to get custody of his son because he is not in a very good enviroment with his mother.They have no heat where they live and she is getting ready to be put in jail for probation violation.I’m just wondering if it is going to be impossible for him to get custody.My husband hasn’t been in any trouble for the past five years and I have never had so much as a traffic ticket.Our home is almost paid for and we have two kids together ages 6 years and 19 months who have gotton attached to their brother. I’m also worried if my age will have an effect on the outcome I’m just 22. We live in a two bedroom two bath trailor so he wouldn’t have his own room.There have been people tell me there is no way my husband could take his son from his mother but call me crazy but knowing what kind of situation he is in with his mother and what kind he would be in with us it doesn’t seem like its out of reach.DSS and the sherriff’s department have both told my husband he is not in a good situation with his mother.Once he gets to our home he doesn’t want to go back home and he is constantly saying he hates his mother’s boyfriend. Please give me some opinons about wether or not trying to persue custody would be a good idea or not.