Good morning I am currently divorced and have had primary custody of my 4 children since 2007. I have been employed by the federal govt for 11years and have no criminal record. I have an active in my children’s lives for their whole life. Three of my boys have aged out and my fourth son has had medical issues starting in uterro and currently has a diagnosis of ASD and ADHD. Up until now my phone father has little involvement in his life and reset my child support has held him accountable for not paying child support and willful wonton / neglect of a minor child. I recently transferred to Charleston south Carolina for job security. I followed the procedures and issued 60 days notice notice to my ex.( I only had five days to except this transfer) I asked his father to let him stay with him to finish out the school year for I did not want to upset t
the services he is currently getting and I needed time to settle in and research services here in Charleston. His father said no in writing. He also stated and that he did not agree to Tyler moving out of state. With that said I left Tyler in our current home with my boyfriend of eight years who has been Tyler’s secondary caregiver in the absence of his father. My boyfriend has taken on the role of getting my son to and from doctors etc. Last night my ex emailed me paperwork stating that he is seeking custody of Tyler. I am concerned due to the fact I do not have faith in my Family Court Judge from past occurrences. My question is this… I cannot afford an attorney at this point and I Would like to know if there any Advocates/ Attorneys for a child with disabilities that could assist me in the court process? I want to prove that it is not in my sons best interest to be with his father. I say this because due to his current diagnosis in the summertime if and when he spends a week at a time with his dad My son does not bathe, brush his teeth or eat regularly. My worst fear is that my son is going on 17 in March that the judge will give him the decision but as noted by psychologist he cannot live independently and I don’t believe he should be given that decision due to his disabilities. Are there any child advocates out there in North Carolina that could assist me in courtI? My child has been receiving an IEP since kindergarten and my ex has not been to even 1 IEP meeting or an medical appointments and has recently stated in court there is nothing wrong with his son to avoid having to pay his medical bills. It would be detrimental to my son if it was ruled that he goes with his father. Please give me any advice you can.
Even at 17, the judge will not give your son the option of where he wants to live. In NC, minors do not get to determine where they should live for their best interests. Once a child turns 18, then the child can make their living arrangement determinations. However, the judge may consider where a 17 year-old child wants to live, but the judge is not required to follow the child’s wishes.
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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
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