Child Visitation


#1

Dear Free1104:

Greetings. Yes, you can get visitation established through negotiations prior to your divorce, but you can also negotiate the visitation schedule after the divorce. Right now, he cannot simply pick them up whenever he feels. Tell him no. E-mail him a schedule and both of you try to stick to it.

Now, as far as the support, of course you can get that. You should see an attorney to assist you. You may also be entitled to alimony, so make sure you do that prior to the divorce. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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.


#2

Thanks Janet…Nice to know he can not just pick him up whenever he feels like it. An attorney that i went in for a consultation with told me i had no control over when he picked them up. That since he was the father he could pick them up whenever he felt like and that he DID NOT have to inform me.

You have given me hope…


#3

Dear Free1104:

Greetings. Let me make sure that you understand what I mean by saying “he cannot simply pick them up whenever he feels” like it. Of course he can always run by the school and pick them up, keeping them overnight until the next school day. He cannot come by your house, force you to open the door, and pick up the children whenever he wants. Instead, the two of you should work out a plan of equal visitation - or as close to equal as you can come and agree upon. Since he does not support them, if he had them equally he would be forced to contribute to their support, now wouldn’t he. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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.


#4

Janet,

I currently can not afford to a divorce but need documentation that i am legally separated.

Is this something I can do myself and get notarized or should an attorney be involved?


#5

Dear Free1104:

Greetings. There is not a document that “proves” you are legally separated except for a separation agreement (or divorce from bed and board order). Instead, the court recognizes that couples are legally separated when they are living separate and apart and one of them has the intent to remain permanently separated. Good luck.

Janet L. Fritts
Attorney with Rosen Divorce
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

ROSENDIVORCE.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

I have been separated for 11 months and currently do not have any child visitation set in stone or ordered by the court. My question is can I get all this set up before my divorce is finalized.

My soon to be EX and I do not get along at all and can not have a civil conversation concerning the children.

I want structure for my children. I dont want their dad to be able to pick them up whenever he feels like it without any regard for their schedules or normal routines.

This is very frustrating since I am the one taking care of the children. He does not financially support them in anyway.

What are my options!!??