Custody and lies


#1

It sounds like you are in a situation where you really need an attorney.

When a Judge hears an emergency motion they base their ruling on the allegations in the motion as if they were true. They take the action they believe is necessary to protect the minor child. In this case it sounds like your spouse made some serious allegations against you, when you go back to court you will be given the opportunity to prove these are not true. You can tell the judge all the facts you included in your post here.

If a judge believes a child is in danger they can do whatever they believe is necessary to protect that child, inlcuding placing the child in protective services.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

Apologies for the lengthiness of this post but I have an emergency situation.

My wife and I were recently separated (physically, no paperwork yet). I was granted an ex aprte motion, a DVPO, temporary custody and she was forced to leave our home on 8/31. She then filed false assault charges on me on 9/4. On the date of the hearing she filed a counterclaim for divorce, alimony, child support and made a ton of false allegations including alcoholism, drug, physical, mental and financial abuse. The judge didnt care to hear any of it and gave us 10 minutes to make an agreement with our attorneys or he said he would take our child and place her with protective services. We agreed to split custody, a custodial hearing and drug tests. I would have our child 1 week, Friday to Friday and she would do the same the next week. This was the arrangment until a hearing to review the case in December.
Things were fine for about 2 weeks. Now this week her attorney filed a new ex parte motion asking for emergency custody claiming I wasnt providing a stable home for our child and that I was a threat to ‘abscond’ with our her. There were no details in the order supporting the allegations. I was supposed to have my daughter Friday, 10/5 but now I have no idea when I will see her. I will not have a hearing for another two-weeks. Nothing HAS changed or happened to validate this emergency custody order. I own my home, I’ve work for the same employer for the past 6 years AND I have split custody, WHY WOULD I be a threat to kidnap my child? I’m not and she knows it.
My wife’s attorney did not notify my attorney prior to filing the motion this week because they ASSUMED my attorney had already withdrawn. (Which he is scheduled to do but not until 10/8)

Here’s the main questions:
1)What options do I have to fight this order without an attorney? I cant afford to pay my attorney, even though he isnt officially withdrawan until 10/8. Can I file something in court myself since her attorney failed to notify me or my attorney? Doesnt she need some type of proof that the child is in danger?

2)Is it common for a judge to place a child in protective services based only on ALLEGATIONS that have not been proven? I have passed a hair follicle test. I also have ADMISSABLE PROOF that my wife committed a drug felony (trafficking) but I’m hesitant to use it against her because I’m afraid that if I bring these allegations into it and she continues to accuse me of all sorts of terrible things (even though she has no proof) that the courts could take our daughter from both of us. IS THIS SOMETHING THAT IS COMMON or does it sound like the judge was having a bad day and was trying to scare us?

Thanks so much for your advice.