Custody


#1

It is difficult to give you an opinion on custody based on the facts that I could gather over the forum. It certainly sounds like your ex is living an unstable lifestyle and it is having a negative impact on your child. Do you already have a court order in place?

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

I do not have a court order. We did not go to court, we actually used the same attorney and he drew up seperation papers which were later used for the divorce papers. That attorney filed the divorce with the court in April of 2007. I regret now using the same attorney but was trying to keep things somewhat peaceful and my x was very intimidating.

I have talked with a counselor and have scheduled an appointment for my daughter to see her in a couple of weeks. I couldn’t get my daughter in sooner because I had to make the appointment on a day she would be with me and after school. Her father does not want her to go to counseling. I had talked with him several times in the past when our daughter was having difficulty adjusting to his quick marriage and all of the changes that went along with that.

I have talked with the peditrician who advised that I go ahead and take my daughter to counseling and that I had a right to get her medical treatment when she was with me.

quote:
[i]Originally posted by Helena Nevicosi[/i] [br]It is difficult to give you an opinion on custody based on the facts that I could gather over the forum. It certainly sounds like your ex is living an unstable lifestyle and it is having a negative impact on your child. Do you already have a court order in place?

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.



#3

Can you look at your divorce decree and tell me if your agreement was incorporated into your divorce?

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 divorce paper states “That the said Seperation Agreement between the parties be incorporated into the divorce decree.”

Isn’t he in contempt of court for breaking almost all of our agreements regarding custody?


#5

My x husband & I have joint custody of our 6 year old daughter. He remarried 6 weeks after our divorce and last month after 15 months of marriage asked his new wife to move out. His new wife is pregnant with his child.

He is already dating another woman who also has a daughter about the same age as ours. Our custody agreement states he can not introduce a girlfriend to our child until he has dated her steady for at least 3 months. It also states that he can not have a woman spend the night while our daughter is with him.

He has already let the woman and her daughter have a “sleep over” one night and continually has “play dates” for the girls. I reminded him of our agreement and now he lets the girlfriend come over when our daughter is asleep. He also meets the girlfriend and her child with another couple so they can continue the “play date” excuse as a way to date and get around our 3 month waiting period.

My daughter is showing signs of aggression and having bad dreams. She is just not herself. She has gotten in trouble at school many times at school over this last month. I feel I need to get full custody and he should have visitation. I do not care about child support only about my daughter’s well being and what she is learning from him as being acceptable.

Where do I start and do I have a case??? Please help!!