Ex-Parte Expires


#7

Thank you. My stbx is not letting me see our child. There is no custody order in place as of yet. It is going through the legal process. As of now, we both have rights to our child. My stbx is not being amicable in creating a split share time with our child. Children need both their parents. What else can you suggest to me besides continuing to be patient until our hearing? Thank you again.


#8

Document everything: the date, when you asked to see your child, the other parent’s response, etc. Try to communicate in writing and try to do so by email rather than text since emails will always have a date and time stamp, which will back up your testimony.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.


#9

Thank you. My stbx has dodged being served. Now I was served papers. Does it matter who is plantiff? My stbx is requesting full custody, supervised visits and child support. This is untenable.


#10

No, it does not matter who is plaintiff. Your competing actions can likely be consolidated into one file number, and usually they are consolidated into the file number that was filed first.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.


#11

Thank you. We seem to be having a hard time serving my stbx. His cousel will not receive the service as well. My stbx will not let me see our child. The legal system is obviously lengthy. What else can I do on my own parallel to my legal cousels proceedings? Can I go to the clerks office, family court to get more assistance? Our child needs me. Appreciate your help.


#12

You will need to use a sheriff’s deputy or process server to serve the father. It may help to provide the sheriff’s office or process server with times that he is likely to be at home. You can also serve him at his work or you can try sending a UPS or FedEx package to his home as long as there is no return address listed as a lawyer’s office (because he will then be more likely to reject the package).

The best thing you can do is provide addresses for the father and times that he is at each of those addresses to your lawyer so he/she can be more effective in getting him served. Once he’s served things will move slightly faster.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.


#13

Thank you. My stbx was served finally. He is intentionally keeping our child from me. It’s written in his emails. We have no custody orders in place as you know its a long process. I’m at the point to file prosee in family court to get movement in the legal system. My attorney is trying to get some arrangements with my stbx attorney outside of the courtroom. Again, another lengthy process. It is emotionally harmful for our child to be without their mother. I dont know what else to do. It’s over 7 months. The previous order expired and I cant see our child. Can you suggest any other alternatives? Thank you in advance.


#14

Now that the other parent has been served, you should be able to schedule a court date and/or a custody mediation. That is the only way you are going to get a resolution. While you are waiting on the court date to happen, your attorney can continue to negotiate a resolution.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.


#15

Thank you. My stbx is requesting the order that expired to stay in effect. I can’t see how this can stand or be granted since the order expired. Therefore our attorneys are working to negotiate but my stbx is making it very difficult and still keeps our child from having time with me. My stbx is telling me that he is going to get full custody, make all the decisions for our child and his mother is going to become primary caregiver of our child and I with supervised visitation. Is this even possible?
i just received a letter for Custody Orientation & the parenting apart program. Do you know if this orientation is an automatic letter that both parties receive naturally from the courts or did someone file for it? Thank you for helping me.


#16

The ultimate custody schedule will determined by the judge in the event the mother and father cannot agree. A grandparent will not be a primary caregiver in the event one or both parents are fit and proper persons to have custody.

The custody mediation orientation session and the subsequent mediation are required any time a custody lawsuit is filed with a few exceptions. This is standard to receive information about the custody mediation orientation session after a custody lawsuit is initiated. Both parents must attend and participate unless an exception is met (i.e. there is a domestic violence protective order between the parents, one parent lives more than 50 miles away from the courthouse, etc.).


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.


#17

Thank you in advance. I’ve tried everything outside of the courtroom to see my child. My stbx will not allow anything unless there are orders. Listen, we dont have custody orders in place yet. It’s in process and the legal system is long. My stbx is evidently punishing me for personal reasons. This is effecting our child being without her mother. What else can you suggest I do to get to our child? I’m being incredibly patient, strong and trusting the legal system to prevail.


#18

Keep documenting everything, including all the times you have tried to see your child and what his response has been. A judge will not like if one parent has purposely kept the child from the other.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.


#19

Thank you. After some research, isnt this kidnapping?


#20

It’s possible if the other parent has concealed your child’s whereabouts.

For more information on this topic, check out our article Parental Kidnapping in North Carolina.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.


#21

Thank you in advance. We filed Emergency Custody on 1.15. I still have not rcvd a court date for this hearing. How long does it usually take to get a date for Emergency Custody? My stbx is intentionally keeping our child from me. It’s evident. I am praying the legal system will see the light in this situation since my child is being used as a pawn. I am discovering this is a common tragedy. Thank you for your time.


#22

You should have a court date assigned immediately upon the judge reviewing your ex parte custody motion and either granting or denying it. Court dates are supposed to occur within 10 days of the judge hearing the ex parte motion.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.


#23

Thank you. Oddly, I was advised the other party filed a motion against our claim. Im not understanding why there is no court date for this review when its an emergency custody claim. Can you advise how these proceedings follow now with the above?
In addition, prior custody claims were filed and served although there is no court date set for this either. How does this tend to proceed?
There is still no custody order and my stbx is denying mine and our childs rights to see each other.
Thank you again.
Can i represent myself?


#24

It sounds like it is just a matter of finding an available court date and filing a notice of hearing (plus any other local forms required) to schedule the court date. The motions and claims have been filed by both parties so it sounds like it is ready to be heard before a judge.

Yes, you can always represent yourself.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.


#25

Thank you. I am not understanding why we are still waiting for a court date.
In addition, Since we both have our full rights back and no orders in place, is it unorthodox for the peditrician to give medical attention to our child without my consent? Can this be considered a lawsuit to the pediatrician without both parties consent?


#26

One parent can authorize medical treatment but the discussion and decision to authorize should be mutually agreed unless a court order states otherwise.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.