I need help please

I would still like some more advice on my situation. I’m going to ask her if I can get the kids for christmas since I didn’t get them for thanksgiving. If she still refuses then i’m not going to pay the child support, but rather hold on to it until next month and then just pay a double payment.

anyone have any thoughts?

plus, if an attorney could give some imput on my case that would be appreciated too.

Please help!!!

You need to start a log, all communication need to be in writing e-mail is perferred but if not mail it with signed confirmation, this will help you out alot in court, get copies of the social services reports, go to each school and get the date enrolled and dates they where taking out and what for. research and document, he say she say doesn’t fly in court you can talk untill you cry but without proof its nothing. never assume anything.

Great tips. I didn’t think about getting the official school records. Anymore advice anyone???

Will my phone bill work to prove that I call all the time but she doesn’t answer to let me talk to my kids?

BTW - I got $2500 to go towards my lawyer!! Yeah ME!!! Now I can breath a little bit. I hope that my case is good enough against the mother. My children really need stability as they’ve been deprived of that for far too long. And it’s time for her to live in my shoes for a bit.

Plus, I was thinking that if I do get awarded custody, should I press her for child support?

hello?

You are still required to maintain the child support payments under the original order.

You can file for custody if you would like to modify the current arrangement. If the children have been living in Ohio for more than six months, you will need to file for custody in Ohio.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@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.

She has now been served and we’re waiting on her reponse. To whom does she respond to? If she calls me, does that count? I need some clairification on this please.

If you went through a attorney then she will respond to your attorney(probably with her own attorney).

but if she does contact me, does that count at all? Plus, what does it mean to contact? Is it anything formal or what exactly does she need to do?

What justifies a written response?

If attorneys are involved then all transaction will go thriugh your attorneys,fo instance : if your attorney sent something to your ex they will send it certified directly to your ex and your ex will reply to your attorney, but if you send it (must be certifeid) then they will reply to you by certifed mail. certified mail is proof that you recieved it.

But in what manner will she have to respond? Will she just have to say, “I wish to dispute this claim”? Will she have to respond with her own complaint?

oddly enough i do know this lol …you can file for emergency custody or something like that…well atleast thats what i was told today when my ex stated she was gonna move away and never let me see my daughter again …

If she was served, and you do have an attorney, you wait. Her response will have to be through her lawyer or to yours and will be filed with the case as “Response or Reply”. Her calling you only counts if you want to back down and drop the case. That is always your decision, no matter what your attorney wants to do with the case. Any information you gather will help this case. Record phone calls between you, keep receipts of money spent for the children, school records, paper trails on everything. Keep a record of when you are getting to see the children and how long. Write down everything. Write down anything your children tell you. Find anyone who can back up that information to go to court with you.
You do not have to have contact with her. Since this is going to court, that’s what you have an attorney for. You still have to pay CS. Child support and custody are two separate issues, but the courts will ultimately decide what is best for the children.
In my opinion, you should pursue child support from her if you get the children. The courts do not care if she can pay, only that she does. If you don’t need the money to actually care for the kids now, open a savings account for them and put the money into it each month for use later.

Thanks for the excellent responses. I am recording conversations between me and the children. Like just the other day my 10yr old son told me that the schools in Ohio are far behind where he was in NC (surprisingly enough) and he’s bored in school because he’s already learned what’s being taught. Got that on record. And she told the children when I’m on the phone with them that they can come and see me during Easter break (finally, without thanksgiving nor christmas) but yet she declined to be a 30yr old adult and talk to me first. But I’ll do what I have to to be able to see them again. I have that on tape also.

Quick question too. My lawyer told me to record all conversations I have with my children, her family and her. Do I have to legally tell her that she’s being recorded for it to be admissable as evidence?

I believe in NC the law is that as long as one of the parties of the conversation is aware it is being recorded, it is legal. As far as admissibility, I do not know.

hmmm, i’m not sure

I think you will find NC lasw allows you to record a phone conversation as long as one of the parties is aware it is being recorded and both parties are in the state of NC. Since she is out of state you will most likely need to notify her you are recording. An inadmissable recording is as good as no recording.

My wife and I have been separated for a year and 7 months. We don’t have a separation agreement because we could never agree on custody or money. Well, we have a child support order in place now, but that’s it. I found out last week that she has moved up to Ohio with the children without my consent and without informing me until after the fact. What legal standing do I have now in seeing my children. Also, if our child support agreement is in NC am I still obligated to pay if she no longer resides in this state? I don’t want to pay money into the state if she’s (my children…yeah right) don’t get it. She has also conincidentally just been investigated by social services who just concluded their investigation right before she moved. Sounds fishy. My children have now been to three different schools in the last month and I want full custody.