Dear tammiejoy:
Greetings. Sorry, but no. North Carolina does not have any standard visitation schedule for children (any age). Each separate matter, where the parties cannot agree about visitation, is evaluated by the judge and the best interests of the children in that situation are looked after by the judge.
Since the agree says that he will visit with the children when the parties mutually agree, his ex-wife is “technically” correct in disallowing visitation when it does not suit her.
My advice is to file for child custody and visitation. I am sure that they will be able to come to an agreement prior to trial, but it will be the only forum where he can force his ex-wife to come to the table and negotiate with him. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668
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.
Thank you for the information. Not what I wanted to hear but I am glad that I know the bottom line. My next question is…Can we file the Divorce Degree here in Utah and be able to bring it to court here, instead of North Carolina?
You said to file for Child Custody and Visitaion. What does this exactly mean? We do not want to fight her for custody, we just want proper visitation, and Utah code is amazing at giving a good amount of time for visitation for the non-custodial parent. I really hope that we can bring it to Utah. Will that be a problem?
I can’t thank you enough for helping us.
–Tammie
Dear tammiejoy:
Greetings. Requesting “custody” is the only way that you modify child custody visitation. Basically, you are asking the court to review the child’s living arrangements and make new ones (since visitation is already in place).
No, you are not going to be able to use Utah (though you should check with an attorney there just to be sure as I do not know Utah’s laws) because the child is here in North Carolina.
When you get a court order from the judge, through filing for custody, then you can use that order to mandate that she behave. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668
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.
My husband was divorced in North Carolina and his ex-wife has decided that he doesn’t deserve to see his children as often as he feels he wants. She doesn’t allow him week-night visits and the every other weekend thing only happens when she wants it to. I read their Divorce Degree and it says “the said minor children subject to the reasonable rights of visitation of the Defendant which shall be by mutual agreement of the parties.” So, she feels that if she doesn’t agree, then he doesn’t get them. The entire family now lives in Utah. The State of Utah has a visitation schedule for children ages 5 - 18 it is called the Utah Code, Section 30 - 3- 35. Does North Carolina have something simular that we could show his ex-wife to let her know that she doesn’t get to decided, that it is court ordered? I really hope so.
Thanks! I look forward to your reply.
–Tammie