Joint Custody/decisions


#1

no, sounds like your husband is in contempt of the custody order


#2

If your order says that both of you should confer on major decisions and your spouse is not doing that, then he is in violation of the court order. If your spouse is not following the order then you should file a Motion and Order to show cause and ask the court to order him to come to court and explain his behavior.

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

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

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.


#3

Helen, I have a question about the Motion to Show Cause. We are having a similar situation in that my husband has joint legal custody of his son and daughter and his ex-wife refuses to share important information with us. This was actually addressed in the custody agreement because we had so many problems with this. Is there a specific form number for this type of Motion? Do we need to contact our lawyer (again).


#4

Here is the link to the Wake County Show Cause form, you may be able to use this in other counties, but you will want to check with the clerk in your county first.

nccourts.org/Courts/CRS/Poli … ts/683.pdf

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

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

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.


#5

My ex has shown the same sort of behavior time and again. The problem is that in court, the judge will admonish her verbally, but never do anything to really hold her accountable. The end result is that you have lots of legal fees, but nothing really gets accomplished.


#6

If is common that a Judge will give a party several chances before enforcing any severe punishment. I would make sure you ask for specific sanctions the next time you are forced to file a motion.

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

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

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.


#7

Supposedly I have Joint Custody of my son and the Order states that the parties are to confer on all major decisions affecting the minor child. My ex has taken it upon itself to make appointments, make arrangements for my son to attend another school next year! He used the excuse that my son “wanted to change schools” so therefore, the ex started the process! This has caused a major conflict as I am currently a teacher at the school my son attends now! I do not know what to do. My rights are simply taken away and the judge ignores me completely. Whatever the ex wants, he gets…takes my custodial time, disobeys the orders, spends my money, and makes all the decisions! It is about more than I can stand! Is this the way it’s supposed to be? That one parent simply has no rights whatsoever?