Child visitation for out of state resident


#1

Dear lstotts:

Greetings. I do not understand the question. Can you please be more specific? What do you mean by how does the law work? Either you have an agreement or you get a court order that you can enforce.

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.


#2

What are the steps that need to be taken in order to ensure that the father gets joint custody? How would the father go about getting a court order that he can enforce if he doesn’t live in North Carolina? Father fears that since the child lives with the mother primarily in North Carolina that she would be unreasonable in agreeing to visitation with the child. Is there a statute in North Carolina that provides for an employer to release information to the other parent such as wage, benefits, overtime, hours worked, ect. so it is easier to calculate the child support amount? I guess I’m a little confused about how North Carolina’s family law works, as I am a paralegal in Arizona and only know Arizona law. Any help would be greatly appreciated.


#3

Dear lstotts,

If a father wishes to protect his custodial rights and he cannot agree to a custodial arrangement with the mother his remedy would be to file an action for custody and ask the court to preserve his rights.

If an action for child support is pending you can subpoena information from the mother’s employer regarding income.

Helena M. Nevicosi
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.


#4

How does NC’s law work with regards to child visitation/joint custody if the father is out of state and the mother and child reside in North Carolina, and the mother of the child is filing for sole custody? What can the father do to protect his rights as a father and get visitation with his child?