Exparte signed! yippeee! but now what


#1

I may not be understanding this question correctly…if your husband was granted temporary custody of his son, then why do you think it would be reversed this quickly?
Read melaniekitty’s posts…her future mother-in-law has had temporary custody of her fiance’s daughter for 2 years…
I don’t know if there’s a way to see a judge’s rulings for family court, unless you research public records but it may be an option if you know the county to try that since court cases are a matter of public record…
I don’t think this should be a concern unless your stepson is pushing to have this reversed? I can understand him wanting to finish out school with the friends that he is used to. Would it be an option when he turns 18 to let him stay in the home you have in NC so that he could finish school here?


#2

Thanks stepmom, the reason for my concern is that it was an emergency temporary custody order. His mother did not know we had obtained custody until we showed up with the sheriff. So with this order a hearing with the parents is required within 10 days, so we will have a hearing on the 12th of Feb. As far as him staying at our house in Jacksonville, NC that would not be possible, because his mother would move in and we would NEVER get her out. She has unbelievable audacity.


#3

Dear DG:

Greetings. It depends. If the judge believes your child living in Havelock is in his best interest then the judge may reverse his ruling. The 17 year olds concerns are appropriate. Why couldn’t the mother use child support she would receive to rent a place for the child? Let us know how it turned out.

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.


#4

As some of you may recall, I had previous posting regarding ex parte order my husband and I were seeking because my stepson’s mother refused to get a job, was supplementing her income with money from friends, has been evicted 3 times in the last 10 months, and was arrested last year for assaulting her live-in boyfriend (who later had to file eviction notices in order to get her to leave his house). Last Friday, my husband obtained temporary custody and we brought my stepson (he is 17 but has does not graduate high school until 2008) to Maryland! We have enrolled him in school already.

QUESTION: A hearing will be held on February 12 to determine custody. What are the chances, or does anyone know, the likelihood of the Judge (same one who signed the ex parte) reversing his decision and ordering us to turn my stepson back over to his mother? Is there any place we can learn a particular judge’s rulings in cases they process?

My stepson wants to go back and finish school in Havelock and be with his friends, however, his mother has been given notice that she has to move after this hearing. She has no place to go and she cannot get a lease approved in her name because of her negative credit. She has no savings for deposits and she still does not have a job.

Any thoughts from anyone? Thanks