Ex parte order denied!


#1

You want “justice” from our courts? What a quaint notion! On a good day, what happens in domestic court is a rough approximation of what is right and what is correct. On a bad day - and there are a lot of them - 1+1 = 3 because the judge found it as fact.

Sorry you lost $3K. Court is a crapshoot, where men usually lose big time. With all the negative factors in the mother’s life, it likely won’t be too long until something else happens which could be construed as a substantial change of circumstance affecting the welfare of the child. You can then try your luck in court again.


#2

Welcome to the sexist south where the stay-at-home mom is queen. The judges were raised by them and have they for wives. (OK, that is a generalization, but expresses my feelings.) I am a working mom and I’ve found discrimination. I hate what happened to you, but WakeDad is right and soon she’ll lose out big time. Be vigilant.


#3

Well, I have given it some thought, and when I look down the road and imagine the future state of North Carolina I feel saddened. Shortly, North Carolina is going to have an entire generation of young adults (male and female) who will definately have to seek extensive counseling and/or will not have stable emotional states due to the mental gameplaying, the disregard for the law, the lies, and the withholding of noncustodial parent visitations. I truly wonder how these future young adults will be able to function properly in the “real world”? Will they exhibit sociopath tendancies, will they exhibit little to no moral values; will they even be a positive addition to society? Even moreso, when our population is overrun with emotional damaged young adults because the courts “refuse” to actually give custody to the more mature parent, rather they be male or female, what type of world will my grandchildren have to live in? Little scarey thinking about it.


#4

Although this site states there is no bias towards women in the Domestic courts, I again, state, here is another example. Had it been a man in that situation, the judge would have handed over custody because dad’s irresponsible. These judges keep overlooking the welfare of our children and are never held accountable for their actions. As far as the emotional scars, NC Children’s Services doesn’t even consider mental abuse towards a child worth their time.
You might want to consider joining a group where you can get edjucated on the laws, and also receive some moral support. I did, and just yesterday watched a dad represent himself and walk out with joint custody. (mom filed an emergency order for custody, using false allegations.)


#5

Dear DG,

I am sorry you were not satisfied with the results of your emergency hearing. It would be impossible for me to render an opinion on what that happened without having been there personally. I wish you and your stepson the best of luck and I hope you get the best result for him.

Helena M. Nevicosi
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

10925 David Taylor Drive, Suite 100
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

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


#6

All, I appreciate your sincere responses and we have decided since it was not enough for an ex parte, we have been told we have a very good chance approaching this from a standard “change in custody” case. So we will press in this direction.


#7

Dear D G:

I would suggest that you immediately file a motion to modify child custody. Interview your child’s teachers, physicians, etc. I would also set a hearing for temporary custody.

I also would tell you that simply because the judge did not order the situation to be an emergency does not mean that nothing was accomplished. The judge heard the situation one sided and now has those facts in their mind. The judge probably explained exactly why it was not an emergency and gave some good indication on how to get the custody situation changed. 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

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


#8

Well, here’s the update. Ex parte to change custody was heard yesterday and DENIED. Regardless of the fact that the mother has been evicted 3 times in 10 months, was arrested (and in jail overnight)for assaulting her live in boyfriend, will not assist in supporting herself or her son because she refuses to work (she calls people she knows and tells them that her son, my stepson, will go hungry because he has no food if they don’t send her some money; she is capable of working but refuses to do so). She cannot get a lease in her name, nor utilities or any other kind of credit because of her negative credit history; she filed a fraudelent credit card application in someone else’s name, ran the bill up and refused to pay; and then cashed $6,000 worth of checks that belonged to a previous boyfriend…EX PARTE MOTION DENIED. They can say all they want, the courts are looking out for the BEST INTEREST OF THE CHILD…THAT IS NOT TRUE. WHY DON’T THEY SEE THE EMOTIONAL SCARS THAT SUCH A LOVING MOTHER INSTILLS IN HER CHILD!!!YEAH RIGHT, THE BEST INTERST OF THE CHILD!!!GUESS THE COURTS DEFINITION OF BEST INTEREST IS A 180 FROM THE REST OF WORLD’S DEFINITION. (Sorry for venting!) But, $3,000 for NOTHING!