Ending visitation?


#1

If you intend to stop visitation you should file an action for custody. Because you have a Separation Agreement, because the court has never heard this issue before they will consider all the facts in this case and make a determination of custody based on the best interests of your children.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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Raleigh, North Carolina 27607
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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

My daughter and ex have been in counseling for several months. They have major relationship issues and we have been attempting to solve them with professional help. The counselor is advising me that she feels my daughter should not go to his house for overnight vististation until the issues are solved or worked through.

Well yesterday, my ex let me know that he is not going to counseling anymore. He says it is too difficult to go with his schedule, but yet didn’t request a different arrangement with the counselor.

Our visitation agreement is part of our separation agreement. If I intend to completely stop my daughter’s visits to his house, I assume that I’ll need to go to court. Correct? I would love for my daughter to have a relationship with her father, but I feel that I need to follow the professional advise at this point.