Deadbeat mom


#1

You need to file a motion to decline jurisdiction in North Carolina and then set the matter for hearing. At the hearing you should explain all these facts to the judge and they will most likely transfer the case to the new state. If not you can proceed here with the modification of custody and child support.

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

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

This summer, after he spent 2 months with me, my ex decided it would be best for our son to move out of state with me. Since this was one of her spur of the moment plans, the only paperwork that was drawn up was a written (non-legal, but with witnesses) agreement between us that she would grant me joint temporary custody and reduce my child support by $250/month ( still about $500 more than the state guidelines would give her). She also agreed to sign the legal paperwork (form AOC-CV-615) later to make it all legal.
He’s been here now for over 8 months, and since she has refused to do the right thing. She didn’t even bother to send him a card or gift for his birthday or Christmas, leaving me to believe she’s only interested in getting the free cash while someone else takes care of him.
I went and filed for custody in the state where we live. The Uniform Child Custody Jurisdiction Act states he’s a resident here since he’s lived here for over 6 months, but our state refuses to even schedule a hearing, stating N.C. has jurisdiction. N.C. in turn, refers me back to the state where we live, since he’s a resident here under the terms of the UCCJ act. I can’t afford an attorney due to the fact I’m still paying his deadbeat mom support for him, while I have to provide actual Food, Shelter, and Clothing for both of us.
Does anyone have any suggestions as to what I could or can do now? I don’t want to send him back home to her as I don’t believe it’s the best environment for him, but I’m running out of options and money, and I’ve given up on her ever doing “the right thing.”