You need to document everything and have witnesses. Did you get the name of the Sheriif’s deputy? Then, you can file a contempt of court yourself and make sure you request that she pays all legal fees if she gets a lawyer. You will need as many incident reports with witnesses as possible. You need to nip this in the bud.

The longer she feels she can get away with this, the longer it will continue.


Does your separation agreement state that you have joint legal custody? Do you normally pick up the children? It’s November, why is this the first time that you have noticed that you aren’t on the pick up list? Did she change this or is this the first time you are picking them up? The timing of this is very suspect and seems to indicate that your ex is having a problem w/ your new marital status. If she is deviating from the terms of custody including visitation that is one thing. If you want more custody than that is something different.

Dear xman25:

Greetings. Yes, you can file a complaint for child custody. Otherwise, you will have to abide by the terms of the separation agreement. Isn’t there a specific custody schedule? If so, continue to ask to follow the same. When she refuses, try to get that in writing or recorded and then you can also include a breach of contract action in the agreement. Thank you and good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.

My ex-wife and I have been divorced for over five years, we supposedly share joint legal custody of our two sons, and for the most part things have gone smoothly when it comes to my visitation with my boys. I’ve recently remarried, bought a house and now for the past 3 months my ex has basically broken all communications with my children and myself. When I call, she either doesn’t answer the phone or tells me that I can’t speak with my kids, when I ask to pick the boys up she either says they have other plans or just tells me no. After getting fed up with the situation, this past weekend I went to pick the kids up from school and I was informed that I wasn’t on there pick up list, the principal gave me a copy of my divorce papers highlighting an area that stated that my ex has primary physical custody and control of said children. After school I went to their house to see about picking them up and the sheriff was called because she didn’t want me to take the kid. I was asked to leave the premises or be charged with trespassing. I feel I need to help in this situation but don’t know where to start. Hiring a lawyer is expensive and I’m already barely making since my child support is so high. Does any have any go suggestions?