NC Custody/Visitation Question


#1

I am originally from NC and moved to GA for one year and now I am back in NC. I moved back December 11, 2009. I am married and tried to get a divorce in GA, but what was suppose to be a non contested divorce, turned to be contested by my husband because he wanted things with our unborn child his way for his family.

My husband left myself and our unborn daughter in July, 2009. He left the day we found out we were pregnant with her. He never returned, never helped with the prenatal care, nor inquired on the doctor visits. I wanted to be safe and told him in October that I was moving back to NC because I was put on bed rest, but didn’t end up moving until December. He ok’d the move. I tried to have numerous talks with him regarding our baby but he wouldn’t talk to me about her. He has a violent temper and a extensive criminal record that I did not know about until my oldest child’s father took me to court for full custody. I have a 7 year old that I had custody of for 6 years. My husband was the reason I lost temporary custody of my oldest daughter. By a court order, he is not allowed around her.

My husband left me with the rent (he was on the lease) and bills to pay on my own. I did not have maternity insurance but made too money for medicaid. He offered no support for the doctor visits or preparations for the baby. He still has not offered help for the baby, but wants her overnight and to take her for extended trips to back to GA. She is a breastfeeding baby who is shy of being a month old. He now wants to talk to me about visitation, taking her off when he’s in NC for hours at a time. He is a complete stranger to his daughter and how does he plan on feeding a baby when she needs me every two hours.

I know I cannot file for divorce until I have lived here for 6 months, but I am afraid he is going to file something in GA and I want NC to have jurisdiction. She was born in NC. He is also not allowed to leave the state of GA unless he has a pass from his probation officer. On multiple occasions he came to NC a year ago, without getting a pass. I do not trust him with our daughter right now because I know his temper and I know he doesn’t have any respect for the law.

Do I have any rights as of right now to protect myself and my daughter? I want to make his visitations supervised until he is able to build trust again and a bond with our daughter.


#2

North Carolina has jurisdiction over the custody case as it is the home state of the child. I suggest you file an action for child custody and seek that the court order any of the father’s visits be supervised.