I am sorry for what happened to you, but the DUI is a big deal as far as custody is concerned. Unfortunately, I had a similar (no DUI and NOTHING on me) situation where a conference was concerned. They go in the conference and do not tell you everything that transpired. I think they give up and then turn around and lie to you about what happened. They get lied to and then turn around and lie to you to “get it over with”. At least you have the sense to get another attorney. I hope your new attorney can help you and will be willing to fight for you. Good luck.
Dear frosty:
Greetings. You may be able to file a Motion to Set Aside a judgment, but you only have a limited amount of time after the order is entered to do so. Otherwise, you must wait until there is a substantial change of circumstances before you can change the order.
Make sure to follow the order to the letter in the meantime. That means attending ALL visitations - even if it feels odd to be supervised while visiting with your children. Good luck.
Janet L. Fritts
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
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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.
Recently in i was in an temporary custody order “battle” . My lawyer said it would go to court to get all this ifo for him. Then He wouldn’t stop to explain anything to me. He went in the other room with my ex lawyer came out and told me that was the best I was going to get. I asked him to do a hearing , he said the witnesses would lie anyway. He had another more important case. I came back three hours later to sign the papers. Everyone else was already gone. I went into shock. I was getting 7 hours supervised visitation a week. I thought this was based on getting a DUI recently. It didn’t make sense. Now I found out yesterday that my ex had said my children were afraid of me. That I would drink a beer and they would run and hids. I would have never walked out of that court house if I had Known that. I would never have signed anything based on the fact that my children were afraid of me. I was a stay at home mom til he tthrow me on the front porch and locked me out and laughed. I know people get mean in divorces but to lie about me and use the children is siclening. How can I get this back in court? I cannot let it stand now that I know the facts. Yes. I will be getting a new attorney.