Interference with Visitation


#1

First, you need to make all efforts you can to find her, even if that means hiring a private investigator to locate her.

Second, if she is not abiding by the order, then you need to file a motion and order to show cause to bring to the courts attention the fact that she is is not abiding by the order. The court will enforce the temporary order it has entered.

I wish you the best of luck.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

Good morning Helena,

Thank you for your response. Every effort is being made to locate them, including hiring a PI, who was unable to locate them.

I do have one other follow-up question:

Which form would I use? AOC-J-155, AOC-J-252 or AOC-J-344?

Thanks.


#3

what a crying shame…

if

you can prove she is withholding, I would think this would weigh alot in your favor of getting your child. Any parent who does this is committing child abuse in my book… But I am not a lawyer, just a father stung by the same insect…

good luck and I hope this resolves for the best interest of the children, to be with both parents as much as possible…


#4

Which county are you in?

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

I’m out of state as well, but everything thus far has been Wake County.

I’m actually in the process to retaining an attorney at this point. I cannot emotionally afford to go through this alone.

Thanks.

quote:
[i]Originally posted by Helena Nevicosi[/i] [br]Which county are you in?

#6

send her a complaint for custody to the last know address, at the same time do service by publication , and file with the court for sole custody due to the current situation if she dosent respond then the court should rule in your favor … due to her faliure to appear then you are able to get the law on you side a little bit … Hope this works for ya it sucks but you are not alone in this type of mess !!


#7

Are you asking about the form for affidavit of service by publication, or another form?

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#8

Greetings forum,

Quick facts:

  1. We were married in NC and have a child together.
  2. There is a temporary custody order in place, about to expire. According to the order, I have visitation every other month, plus weekly communication with our child.
  3. I am paying court-ordered child support.

The ex moved out of NC, has not yet established residency in the new state she is living in (still has NC tags on her vehicle, has not updated her contact information with WCCS) and refuses to tell me where they are residing. I do have a cell phone number for her, but she is not taking my calls or returning my voice mails or emails. I have not spoken to my son in over a month.

My next visitation is coming up in the next couple of weeks and I am very concerned that she will further ignore the order and deny my visitation.

I have spoken to several attorneys in NC and none of them have expressed any interest at all in taking the case due to the simple fact that there is no current address for her.

Are there any other options? I cannot believe for a moment that there is such a huge loophole in the law that would allow this.

Thanks.