Other Legal Advise!


#1

Dear Nora:

Greetings. No, I do not agree that it is OK for your ex to repeatedly be late or tardy for visitation and not to follow the court order. I recommend that you file a Motion to Show Cause each after each 4th violation of the order, stating all four of the violations. You should file one now stating all the prior violations. This will put the judge on notice that he is not following the court order and that he cares so little for the visitation that he is continuously late. This is important information for the judge to know.

Now, on the “girlfriend in the car” I think that you do not have any grounds to do anything about this.

Finally, there is a line between annoying the judge and having legitimate concerns which a judge needs to address. Your attorney will be a good judge of what that line is. Make sure that you have retained an attorney that has sufficient time to hear about your situation and help you. 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.


#2

Thank you Janet.

I really feel that a “Motion To Show Cause” should be filed. However, my attorney wants to wait until the final hearing. This will be sometime in 2005. Do you agree with this? My attorney was upset with me because I didn’t call this to his attention when the parent was late the first time. I did call it to the assistance attention, the paralegal in his office, the only one I EVERY get to talk with. What advise would you give me about this?

Thanks.


#3

Dear Nora:

We attorneys tend to try to balance everyone’s interests in our brain at one time, and sometimes that can cause us to miss a small detail - like when your attorney’s assistant might have mentioned this issue to him.

I personally would not wait for 2005. Waiting means that at the final hearing you can bring this up, but I don’t personally think that has as much impact as a Motion to Show Cause.

Now, I will say that this is one issue which we are addressing in an “e-mail/forum” aspect. Your attorney has worked on your case from the beginning. Your attorney knows you and the court system you are in. When in doubt, your attorney’s judgment is your best bet. If you truly disagree with your attorney and believe that you want to take a more proactive stance, then you may want to go to another local attorney for a second opinion. 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.


#4

Hello;

I need anothers legal advise on my problem.

My ex. has temporary visitation of our child. He has had supervised visits and now he has unsupervised visits, however he does not at this time get overnight visits. He has been late almost ALL the time and one time was late 45 minutes bring the child back home. He brings his girlfriend in the vehicle when he comes to pick our child up. I have told him repeated times that I do not want her in the vehicle when he picks up the child. He does not go by the court orders. My attorney has told me that it is O.K. for him to be late and that there is nothing we can do about any of this until we go to court for the final hearning, which is next year sometimes. Do you agree? I have been told that I just need to bit the bullet, so to speak, and keep on letting him have the child. Do you agree? I have custody of our child

Thank you.