HELP!Despite court order, he won't give me kids!


#1

My concern is that you say you went to court for this, but have no ‘court ordered’ custody papers signed and filed by the court. If you just have a letter, I don’t see that it’s court ordered by the judge.

If your X DOES have a previous court ordered custody arrangement signed and filed (you would have a copy), then HIS order stands until the new order is filed. Custody order is formal paperwork issued by the court and signed/filed with date and a “clerk of court” seal or something to that effect.

Maybe I am not understanding your note, but unless you have a ‘court ordered’ document stating your custody arrangement in hand (and it doesn’t sound like you do), then his order is still valid. Once you get that order, I would keep it with you as evidence to any cop or person that tries to deny you access. I would think you could go to the school and talk to them too. I question why your X is SO touchy about you seeing your kids. You would think he would want an amicable situation for their sake.


#2

We did have our court date and my attorney let me know the outcome. He said that this was effective immediately w/ me having primary physical custody. Apparantly, the judge didn’t sign anything that day, because my ex’s attorney had agreed to work w/ MY attorney on this and he would be the one to do the rough draft of the order. My ex is going to try to delay this as long as possible by refusing any changes that my attorney makes to his attorneys draft. Ex. the judge said he will have the kids every other wkend from a “reasonable” time on Friday to a “reasonable” time on Sun., now my ex’s attorney submitted to my attorney from Thurs to Monday!!! Of couse my attorney refused this and put from 6 pm on Friday to 6 pm on Sunday. I am assuming the attorneys are going to go back and forth on some of these issues and his attorney will drag it out as long as he can. I spoke w/ the Clerk and she said that what the judge had ordered that day should have been in effect and his attorney should have told him that. However, I have no paperwork yet w/ the judges signature!! I am supposed to rely on his attorney telling him to comply! I have spoken directly w/ the police and the school, however they can only comply w/ what has been signed. I have picked up my kids last wk from the bus stop after school when they were getting off at their dads and he called the cops later. (He was at work -2nd/3rd shift-and they were going to be watched by a sitter all night) He said I “snatched” the kids. When it comes down to it, when the paper work is all filed, it will read “as of April 18th”!!

What can I do to get my kids now? I have spoken w/ my attorney, they said that his attorney operates this way and drags everything out. My kids want to be w/ me and my daughter actually purposely missed the bus after school yesterday because she wanted me to pick her up and go home w/ me. Of course, I couldn’t. What can I do?


#3

If your hearing was in May the order should be entered soon. I would talk to your attorney and ask him how much longer it will be before the order is sent to the Judge for his signature.

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
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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

We finally had our custody heard on 4-18. What the judge ordered was joint custody w/ me being primary. He outlined the visitation and everything. The judge met w/ our attorneys AFTER our case was heard to tell them the outcome and then in turn, left it up to our attorneys to tell us. From what I understand, the judge didn’t sign anything and I don’t have any actual paperwork from the judge, just a letter my attorney sent me w/ the outcome. Now, the clerk of court AND my attorney say this custody was to be started as of the court date.

STBX attorney just faxed over on 5/1/07 the “rough draft”, my attorney immediately made the changes and faxed it back. But this is MY question, he is refusing on giving up custody right now!! The last paperwork that was filed in court was Nov 06’ when he got temp. custody pending this date. He claims that this order is still valid and has REPEATEDLY called the cops when I kept the kids past my “old” visitation sched. What am I supposed to do?? I can’t even take the kids from school since they don’t have an actual paper w/ the judges signature!! All I have is the letter my attorney sent me and the faxes between both attorneys hashing over the visitation set by the judge. (of course, he is trying to get almost 2x the visition than what the judge ordered cuz he doesn’t want to pay the support.

HOW CAN I GET MY KIDS AND KEEP THEM W/O FEAR OF HIM LYING TO THE COPS AND TAKING THEM AWAY??? My attorney sent a fax to his attorney talking about this? of course, no answer…