I have a 16 month old daughter as well as 3 other children. I share legal custody with my ex under our current temporary order. We have a permanent hearing scheduled for April.
My ex and I have had a terrible time since very early on. We were only actually together for a few weeks before the abuse began and I left. He’s been verbally and emotionally abusive and is unable to ever discuss important issues pertaining to our daughter. I have tried my best to facilitate visitation except during a brief period of time during which I’d needed a DVPO. I ultimately withdrew it but regretted doing so.
At any rate, my family is planning a trip to visit my brother and his wife in Portugal. I asked my ex for his permission to obtain a passport for our daughter. He refused to discuss it and after I persisted, he refused to allow it. His initial reason was because he is unhappy with our temporary order (I’ve allowed him to deviate from it based on his wishes for the past 4 months.) Now he says it’s unsafe to travel there and that’s why he’s blocking it. From my experience, he is using this as a power play.
Not sure if any if this is relevant, but I remarried the father of my other 3 children and he’s raising my 16 month old and fully supporting her and has from her birth. My ex lives in PA and sees my daughter on average every 7 weeks or so. I’ve paid for his Airbnb and recently told him to keep his child support money (no order but he sporadically pays between $200 and $400/mo,) and use it for his travel expenses.
Do I need to wait until our April hearing to address the passport issue or do I have any other recourse? The trip is planned for late March, early April. My ex is now telling me he sees no point in coming to visit her between now and the permanent hearing at the end of April, which makes no sense to me either.
If the father is not consenting to a passport for the child and you have court ordered joint legal custody, then you will have to have court involvement. You may or may not be able to calendar this issue before your permanent hearing - it depends on court availability in your county and how backlogged the dockets are. Otherwise, this issue can definitely be addressed at the permanent custody hearing and the judge can issue a ruling on it.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you! If I want to attempt to put it on the calendar, is there a specific form to use?
You will need to file a Notice of Hearing with a Certificate of Service. Some counties, like Wake for example, have pre-printed Notice of Hearing forms.
Depending on your county, there may be local forms that you would also need to file. For example, in Wake, you also have to file a Calendar Request along with a Certificate of Service in addition to the Notice of Hearing.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.