I need Help


#1

Ok I will try to make this as sort as I possibly can.
Ok. Me and my wife were living together in an apartment for a years time in fayetteville, nc. We have been together a total of 3 years. on august 25th she left me and took our 2 year old son with her and moved back to her parents house. The reason she left was justifiable. I was not supporting her like I should and was not helping her enough with our son. I work 10hr days and she was a stay at home mom. I tried to get her to get a job so she could get out of the house but never would. So from my point of view she left due to my mistakes which I totally understand. Well she is with her parents now and her parents hate my guts. Her parents have told her that if she has anything to do with me that they will take our son away from her. So she is scared of her parents and now wants a divorce. I gave her the car that I bought for her while we were married and living together. I aksed if she would use it to bring my son to see me every now and then and she agreed. It is now OCT 18th and she has made no effort to bring my son to come and see me. I Do not have a driver’s license but am working hard to get them back so I can see my son on a regular basis. She moved 2 hours away. I have paid a friend of mine on 3 seperate weekend to take me to see my son. And when I have went to go see my son her parents are telling her that I cannot take my son back with me to fayetteville to where I live. Her parents have threatened me to whoop my you know what. Every since she left I call every single night to talk to my son and tell him that I love him and goodnight. A few times that I have called her 19 year old brother has threatened me over the phone in the background and is saying threatening things towards me in the background while my son is around. I need to secure my visitation rights LEGALLY So I can see my son.

On the 3 occasions that I have went to see my son my wife says she still wants to work us out and seems to be happy. But as soon as I leave and go home its a different story. She makes no contact with me and makes no effort to tell me how my son is doing. For all I know he could be in the hospital and I would never know. I feel as I have made every effort I can to make the relationship work even though it was my fault from the beggining. I feel I have made every effort to see my son while she has made none. I have been sending her $100.00/wk for shild support on my own free will since she left. We got into an argument on the phone a month ago so she went and filed for child support. I have still been sending her the $100.00/wk and feel that I have the right to see my son and be able to take my son and do things with him without having to deal with her parents involvement. I have never abused my wife or my son and Never would. I want the relationship to work out but I cannot do it alone. I need Advise.


#2

You have every right to see your son now, legally you and your wife have equal rights to him and her parents cannot prevent you from seeing him. Unless and until her parents file a court action and are able to prove that you and your wife are unfit parents, they have no legal rights to the child.

You need to file an action for custody and visitation to have a schedule put in place to see your child. I suggest you meet with an attorney in your area as soon as possible to get the ball rolling.


#3

The problem is I dont have a liscense. I cannot get custody because I am at no point to where I can take care of him without a ride. I just want to secure my visitation rights. The lawyer I talked to wanted 2 grand. I cannot afford that for a long time.


#4

Even without a driver’s licence you should be awarded time with your child, though it may not be overnight until you are capable of providing transportation for him if and when it is necessary.