Custody issues


#1

There is not an age where the child can choose where to live. Since you already have custody, going to court is not likely to change anything, even if they order your ex to be a better parent, they can’t really force him to comply. Have you considered family counseling?

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (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

Then how do I enforce the custody agreement?

We have tried family counseling, going through an EAP program. It did not work out. In fact, the only thing that was recommended was to get second child individual counseling, and that I and the first child had to work out our issues on our own. The counselor did not even work with the child to get them to understand that running to the other parent was for the wrong reason, and counselor did not even work with the other parent to help them understand that letting the child stay there and not face issues was not setting good examples for later on in life.


#3

I’m sorry I must have misunderstood your first post. I thought you were allowing your second son to voluntarily stay with your ex. If your ex is not returning your child to you, you would file a motion and order to show cause and ask the court to hold him in contempt for failing to comply with the order.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (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.


#4

Yes, the 1st child and now 2nd child are staying at the other parent against my wishes. I’ve repeatedly asked the other parent to send the children back home all I get is that it is up to the children. The other parent is the least resistent parent.

How long is the process once I file a motion? Will they force the children to come home immediately?


#5

The timeline is varied depending on how long it takes you to get a court date. In some states is can take a month or two to get the date.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (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.


#6

My ex and I have joint custody, but I have primary custody. My x has visition 4 out of 10 days and 8 weeks a year.

My 17 year old (almost 18) recently decided on his own to live with his other parent because he does not carry out punishments and lets him do pretty much what he wants. After much turmoil of what to do, I ended up not doing anything because he is almost 18.

My other child just turn 16 -has repeated got in trouble over the last couple of months. At first her other parent was giving consequences, but lately not and again letting child do anything even though my ex knows I put punishment in place. I was out of town this past weekend while child was at other parent during regular scheduled vising and when I got home found out that the child had a party at my house while I was gone. I found out that the other parent didn’t even know child was gone over night until a friend came over looking for child. After everything that has happend, I blew up when I found out about the party and child walked out and went to other parent. That was 5 days ago and I’ve given child a cool down time but child is not return my calls. The ex does not help. Again just like with my other child, my ex allowed child to stay without trying to make them live up to their actions and take their responsibility.

What do I do?

I’ve called the police but they say they won’t get involved.

I’ve heard that I can go to clerk of courts and go back to court, but I need to check into the proper process. But if I do this I’m just causing more animosity with child. But I don’t want to give up either as I should not have with the first child.

What should I do? I’ve heard that children get a say so when they get older on where they want to live, but will a judge give ex full custody of both? Will judge take into consideration that the children left because I enforce dicispline by ex does not?

I’m so torn. I appreciate any help you can give.