Lost job and refusal to let me see my child


#1

Thanks in advance for comments regarding two separate issues:

Divorced for about a year, one child age 13, and no custody order. I live in Wake County, and she has just moved from Forsyth to Rockingham. For approximately the past year, I had been paying $800 per month for CS. Prior to that, the amount I paid was lower. In July, my employment was terminated. My ex said she was willing to work with me while I looked for another job. I began paying $300 per month in September. My only income is currently unemployment, at just under $2000 per month. I have no idea what a new job will pay, but I am likely looking at a 30-40K cut in pay when I find one.

My ex has said that she has called NC Child Support enforcement, and that there is a court date set for May. I have received nothing in the mail. I have asked her for a case number, and she gave me an 800 number and told me to figure it out. Should I have received a summons? Anything? I am not trying to dodge anything, but I haven’t received anything in the mail.

Second problem… My ex will no longer let me see my daughter. She says that now that she is 13, that she can make her own decisions. Her repeated moves further and further away have made vsitation difficult, as the drive is now over two hours each way. My ex is doing everything she can to estrange my daughter from me. She is asking me to give up all rights to my daughter, who is now failing in school, and has been dragged from house to house as my ex changes boyfriends. My ex has lived with many different men in the past two years.

What should I do? I realize that I need an attorney, and I will get one, but funds are limited. I would like to have an idea of what needs to be done first. Could you please address both of my situations… Child support and the inability to see my child?


#2

I would guess child services should contact you. Visitation and child support are not tied together, meaning, she cannot withhold visitation because she didn’t receive or isn’t receiving the support she desires.


#3

You should have been served with a summons and complaint. I would suggest you do contact Child Support Enforcement to see if an action has commenced and have them send you the documents and court dates.
You need to file an action for child custody to have a court order a visitations schedule, a 13 year old does not have the right to chose which parent she will life with.