Child custody


#1

I don’t know if you can request such a thing.

My ex has custody of my son and I have brought up numerous complaints about the fact that she does not have a stable enviorment for our son. In the past two years he has never had his own bed to sleep in, he has always shared either my ex’s bed, the couch with her, or he sleeps with her grandparent’s.

Since the person he is living with only has driving offenses it seems to me that it will be viewed as not endangering your children.

Hope someone else has some better information for you.


#2

I think that you can request something like this. There are all sorts of stipulations that you can ask for, but as 143 suggested, driving offenses do not really constitute endangerment, at least to the courts. So you could request this but if he doesn’t agree in mediation then it will go to court and the judge will decide if this is a valid request or if you are being unfair. The judge could put in a temporary order for no overnights if he sees this as a valid complaint and order your STBX to get a place of his own so that visitations can be changed.


#3

thank Stepmother. Btw are you and attoney? you sure know what your talking about. I will try and see what happends.

The court ordered him to pay me support. Do you think that since my home has no equity in it, that he will make me sell it. Can my ex take things out of the house if I have full custody of the children?

Or is it safe to say that the kids will reside with my full time and he will be granted visitation?


#4

I am not an attorney. I have been on this site since I met my husband right after his wife left him. I did all the research on her claims and the law, and I also helped him with the “case” by keeping a journal of events, receipts, and a record of daily happenings. I am very interested in pursuing family law as a paralegal but at the moment I am not able to arrange my schedule to accomodate school…maybe in the future.

This site and a few others, have a wealth of information on them in regards to the law. It’s difficult to understand the laws the way they are written sometimes but getting the basic idea of what your rights are is pretty easy.
I also know that your “good” attorney will bombard your STBX’s attorney with paperwork so that it will draw out for a very long time. They want to get paid and the longer the case goes, the more that is likely to be, keep that in mind when you are deciding what’s worth fighting in court for.
My husband hired a local “shark” attorney that also happened to be the attorney for my cousin’s STBX husband. He was told at their first meeting that he didn’t take cases he couldn’t win. Several months after my husband hired this attorney, right after our prelim hearing for custody, we went to a family gathering, and had the opportunity to question his tactics from the other side of the courtroom. My cousin said that they were in court average once a month for 5 years AFTER their divorce was final for custody and ED. Now, keep in mind that her STBX had been convicted of selling drugs out of their home and a recorded history of domestic violence when they separated. He ended up after five years of fighting for custody of their son and alimony from her, having to sell off land and his home to pay her and he has limited visitations with his son, he was also court ordered to take an anger management class, pay her attorney’s fees for five years, was caught committing perjury in court and fined for contempt. Their court case was a three ring circus. After hearing all this, my husband decided that it may be better for everyone in the long run to try one more time to convince his ex to settle and sign an agreement. Which is what they did. So now, after approximately $20,000, they have a court order saying much the same thing that was in their original separation agreement, with him paying the state about $50 less a month that he was paying her directly.
Just something to think about…


#5

Dear metoyou:

Greetings. You don’t get to grant or not grant him anything - granting is for the court. The mistake that you are making is thinking that you have the power/decision making authority over the children. Yes, you may have to give him some time, but you have the right to ask the court to limit that time or to limit who the children can be around. If he does not have a place for the children to sleep, just tell his attorney that overnights can commence when that occurs.

You can request whatever you want to in mediation - and so can he. Yes, you can make how many orders you all agree on. Good luck.

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

301 McCullough Drive Suite 510
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.


#6

My husband and I separated in Jan on this year. We have gotten to a point were we need to decide what his visitation is going to be. We have to go through mediation to decide this.

My husband had some family down here that he did not associate with after we were married because of the type of people they are. Most have criminal backgrounds, and are just trashy, trashy people. Because he had nowhere to go he is now staying with these people. I’m afraid about him getting visitation because I don