He may have a high priced attorney but that does not mean that you can not afford to hire an attorney…he’s trying to intimidate you. There are some attorneys that bombard the courts with delays and paperwork so that it congests the system and ends up costing more. If he’s retained an attorney that just means that he has paid that attorney for anything that comes up. Consult with an attorney and see what your options are before you lose hope. If you meet with one and do not like what they tell you, consult another. Consultations are usually reasonable and you can decide whether or not that attorney is willing to “fight” for you. You can file a motion to modify custody and request more visitation time. There are some on here that have done that recently.

Many more judges are looking to award more equal custody and visitations. Trying to gain equal custody is going to be easier than trying to gain full custody because you are not attempting to rearrange the child’s entire life, only trying to be more involved.
If there has been no history of abuse or neglect and the current custody situation is by agreement instead of court order then the ex will have to explain his position on not allowing their mother to take a more active part in their lives. The courts do not particularly like parents that keep children away from the other parent.

There is no way to know if you can afford an attorney until you meet with one and there are some instances where you simply can’t afford not to have one. It would be in your best interests to at least have a consultation with an attorney.

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 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

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


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.

My wife and I are trying to get more overnight visitation with her children. Her ex is not amenable to our request and thinks that we have no rights to make such a request. He has told us that, based on his retainer, we will not be able to afford to go to court over this and that if that is the case he has nothing to worry about. If he does not agree and we can’t afford a court battle there is nothing that we can do. Is that true? We are not attempting to gain full custody, all we are looking for is more equitable time, right now we only have four overnights per month.[B)]