Mother denying court ordered visitation


#1

it is admirable that you want to participate in your grandchilds life.

There is no guarantee that mom will ever cooperate with any court order. Orders are barely enforceable as a parent in the same state. Sadly, even though a traffic sign says “stop” does not mean everyone will obey the law to stop at the sign.

Rather than gifts or lawyers fees, set up a savings account with you as the trustee on his behalf at your local bank (or stocks) Don’t tell the mom, dad or child about it. Instead of birthdays or Christmas gifts, Put the money (as little as it may be) into the savings, or stocks for his college or his future. Later, you can always change your mind.

Consider keeping a journal of letters you will one day give your grandchild. Remember, his mother is depriving him of a relationship with you too. Mazybe stories of when your son (the dad) was littel. Boys want to know more about their heritage when they hit their teen years. So worse come to worse, wait. Even if it never happens, your son may re-marry.?!?

THis is not legal advise. It is based on the fiscal & emotional school of hard knocks. It is easy to say, hard to do.
~good luck~


#2

Speaking from experience, it sounds like your N.C. attorney did the same thing mine did. He was paid $2500 to file a divorce and get custody of my kids. Five years later, he had yet to even file papers on either. If you live out of state, apparently lawyers in N.C. can just take your money without providing any service for you. (It’s called stealing if you or I do it.)You need to send him a certified letter demanding your retainer be returned as he has failed to meet his commitment for legal representation to you. I’d say you have a less than 5% chance of seeing a dime of it. Don’t bother going to the N.C. Bar Association, you’re wasting your time and will only get more frustrated. Second, you need to do a little studying. Learn a little about family law. You might be surprised how easy it is. You, yourself, can file contempt charges against mom if you have an order for visitation. Granted, in the courts eyes, you have less rights than the father (if thats possible) and nothing will probably ever be done. See if you have a local Father’s for Justice Organization as they also represent grandparents. They may be able to give you some advice on what you can do.


#3

Dear MamaLou:

Greetings. You can file your own Motion to Show Cause. You can find examples on the NC Courts website (nccourts.org) under the local rules of Wake County. Contact your attorney in writing about the situation and go over all of the missed deadlines asking for a reason. There are always emergencies, and your understanding thus far has been exemplary. Thank you.

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

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.


#4

I looked for the Fathers For Justice site and when I found it I was less than thrilled, to say the least. All I could find on their site was a request for money and a bunch of photos followed by another request for money.

I ws hoping the Attorney who responds here would tell me the best way to get the attorney who stole my money reprimanded. Instead I was told to file myself and walk away from my $2000.00

Thanks anyway people. I’ll just write the judge a letter so he can ask my attorney what’s up.

quote:
[i]Originally posted by hawkman[/i] [br]Speaking from experience, it sounds like your N.C. attorney did the same thing mine did. He was paid $2500 to file a divorce and get custody of my kids. Five years later, he had yet to even file papers on either. If you live out of state, apparently lawyers in N.C. can just take your money without providing any service for you. (It's called stealing if you or I do it.)You need to send him a certified letter demanding your retainer be returned as he has failed to meet his commitment for legal representation to you. I'd say you have a less than 5% chance of seeing a dime of it. Don't bother going to the N.C. Bar Association, you're wasting your time and will only get more frustrated. Second, you need to do a little studying. Learn a little about family law. You might be surprised how easy it is. You, yourself, can file contempt charges against mom if you have an order for visitation. Granted, in the courts eyes, you have less rights than the father (if thats possible) and nothing will probably ever be done. See if you have a local Father's for Justice Organization as they also represent grandparents. They may be able to give you some advice on what you can do.

#5

Dear MamaLou:

Greetings. You can speak with the NC State Bar about reprimanding an attorney, but this website is designed to provide legal advice about divorce, not reprimanding attorneys. I am sorry if you did not find my advice helpful. 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

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.


#6

My son married a girl he met on the internet and “they” had a child together.

She left my son for another man when she was four months pregnant and now refuses to give us an address or telephone number. She was finally located and I was given the courts permission to act as intervenor in the matter. She was finally located and I filed for visitation.

We went to court (she and I) on May 17th and the judge gave me visitation with my grandson. He also ordered her to keep us informed of her whereabouts. I was given the day of May 18th (I live in Arizona and he wanted me to see my grandson) and the second week of July. The mother has denied me both visitations by refusing to respond to letters and phone calls.

The attorney I hired in Fayetteville, with a retainer of $2000.00, has done not much of anything.

It took him three months to file the intervenor motion and that was only after several phone calls. Once that was approved, it took him two months to file the motion for custody. Once we were thru that, with my “DIL” denying me my court ordered visitation less than 24 hours after it was ordered, I told my attorney to file a “Show Cause Motion”; he didn’t do it. Now I missed my July visit because of her refusal to respond to a letter and several phone calls regarding this. Since July I have been telling my attorney (via his assistant) to file the “Show Cause” due to the two denied visitations. I have to buy a plane ticket to do this and was trying to make appropriate plans.

I scheduled an appointment for a tele-conferance with my attorney for last week and he didn’t show up for it.

What do I do here? I am not a wealthy person and don’t have thousands of dollars to pay retainers to attorneys until I get one who will work for me. I have also asked for an accounting of the $2000.00 and still do not have one.