Problems with EX


#1

If you already have a court order, then you can state before the court the reasons why you believe your wife is in contempt and have her appear and show why she is not in contempt.

If you only have no formal agreement, you’ll need to file an initial lawsuit to determine custody and then bring up those individual issues you raise in your email.

If you have a separation agreement, you can technically file for breach of contract and see where that gets you, although most courts would prefer filing an inital determination.

Ketan P. Soni
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.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

My son will turn 16 this month and is planning on taking drivers ed this fall. We live in another state and we need a copy of his birth cert to get his permit. He was born when I was stationed overseas and can get a copy of the cert from the state dept. It might take up to 8 weeks to get the copy. His mother used to have custody, but he wanted to move in with me and has been here over a year. She kept the birth records when we divorced and I never thought about them. I asked his mother if she would let us borrow her copy so we could get the permit. I sent her money to cover regestered mail (so it wouldn’t get lost), we have a parenting plan we agreed to cooperate for the best needs of the children. She refuses to let us borrow the certificate. She says it’s hers and I can write and get my own. I say it’s his and he needs it proir to school starting. What can I do?

She’s been in contempt of the court orders many times. Filed a lawsuit on herself in behalf of one of the kids. She caused an accident. She settled, never informed me of any court action on the accident, didn’t fill out parts about the father on the form filed with the lawsuit. I would have never settled so low, based on the injury, but I wasn’t going to sue her mother, it could have hurt the children in the long run. Thankfully the settlement was put in a trust for my daughter and she wasn’t able to squander it on herself.

I have problems getting report cards, information when the kids are/were taken to the emergency room,…

There’s so much, I guess I need to talk with someone.

What could happen to her if I filed contempt charges?

Thank you for any assistance you can provide.