My sons dad and my mom got granted temporary custody last june 2023. This june 2024 the judge wrongly took my mom out of the picture and gave the grandpa sole permanent custody, he never complied and was always so difficult to work with, however since he was doing a lot better in school that was the reason for him getting sole custody granted. My sons father the year before kept him out of school for 2 months also him and I were toxic and at one last attempt of being together we didnt succeed. custody consent orders that i get daily calls with my son every ither weekend unspervised starting august 16. however if i fail a hair drug test it would just go back to supervised, also she ruled that I am allowed to go to charleston to visit him, he made it very clear when he was testifying that he did not want me anywhere near Charleston or in my sons life.
MY mom and i had him half the summer 2 weeks on 2 weeks off.
However my mom got diagnosed with cancer and went back to mexico where her work moved her too and her health care is at now.
His dad got sentenced to prion and is going in novembver.
That leaves me alone, however i recently just got hired as a
Project manager and i am making more money with flexiblity and can work remote.
I am also moving to SC to be closer to them, so not only will he not let me talk or see my son but i have changes of circumstances that I can go modify custody. he has never been easy to work with and talks badly about me in front of my son, and is so disespectful and mean for no reason only because he never has liked me for no apparent reason.
He wont give me a fax number so the lab can release my results he needs it in an email.
Basically i have been dealing with this man who was never around and he is using my son to taunt me. However I now know how to not react and just be calm, I am working hard at this new job position that is a career technically, I am finally able to be stable with a good job that allows me to be fully stable without my mothers help and work remote so i can be with my son.
NOW he keeps telling me hes gonna see a prosecutor however i am focusing on me and all i want to is be cordial and follow the consent order… I am the mother and I am able to show by my actions and working staying focused and i am stable mother, i have always been a good mother just wasnt the women i have grown into today and i am healing, from all the trauma. i just want my son back , he would always cry so hard and be so sad when he leavehs me. he is 9 now and i was always there up until last june. the judge made it clear that its important for him to keep communication and relationship with me. HE doesnt even talk on the phone without having to whisper because of how uncomfortable he feels showing his love towards me.
I know i will get him back as long as i stay this way and i have no reason to not keep this new path. he thinks of me so negative and im mexican and he makes it clear he doesnt like hispanics my son is half mexican he was bilingual at 2 years old and now he doesnt want to speak spanish…please tell me there cant be anyway he will get away with this major contempt of court and taking my rights as a mother away.
If you have a temporary custody order, then you should calendar the issue of permanent custody for a trial date so you can present evidence as to what a permanent custody schedule should be and why.
If you have a permanent custody order, then you can file a motion to modify child custody if you can show a substantial change in circumstances affecting the wellbeing of the minor child. The change must have occurred between the entry of the current order and the filing of the motion to modify.
In either situation, you will want to show what is in the minor child’s best interest, how you have improved, etc.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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