Representation for Child ? Absolute Divorce


#1

Dear 3statesinvolved:

Greetings. First, I finally understand from this post what you were saying in the last post (you may also want to keep the posts shorter, as my time is primarily for clients, so sometimes I cannot answer long posts):

  1. You cannot simply add a statement to an Answer and Counterclaim or to the divorce judgment about child custody (which is the terms you need to use for visitation issues from now one). Child custody is a claim which is separate from divorce.

  2. You would need to make a motion in North Carolina to register the out of state court action here in North Carolina and then make a Motion to Modify Child Custody. On the other hand, you may also need to request that the court in the other state relinquish jurisdiction. So that would mean two attorneys - one in North Carolina and one in the last jurisdiction where child custody issues took place.

  3. The former state must relinquish jurisdiction, which it may not do depending on how contentious your child custody matters have been.

Finally, please remember that child support and child custody are completely separate issues. Paying child support does not mean that you should/will have access to your child. In the same vane, not paying child support is also not a factor for visitations. 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

To try and clarify an earlier note regarding three States involved - There is a filing for Absolute Divorce - by Wife now living in NC. (I live in NY) We separated in 1997 in NY…spouse moved to DE…then NC. There are 2 states involved in this at present (NY / DE) with NC about to be involved at MY request…regarding fair Visitation rules. (Spouse prefers confusion /complication involved for obvious reasons). I want to try and eliminate the confusion, by adding a simple statement - to the Absolute Divorce papers she is now filing in NC - a Statement which will require both parties to establish current and fair Visitation rules, AS PER NORTH CAROLINA statutes. This will then enable me (hopefully) to get the other two States to drop any involvement in matters pertaining to Visitation. Present Visitation rules are unfair and were decided on at a Mediated hearing - only days after the Separation in NY, were only intended to be Temporary…as a concession to Spouse - but then became permanent in NY…as part of Court procedure, unable to be changed. Spouse moved to Delaware, who refused to change NY Visitation order. Spouse now lives in NC, and enjoys having total control over any Viistations - as the ONLY order for this doesn’t have ANY Scheduled visits, nor any real rights on Child’s behalf. I AM CURRENT IN CHILD SUPPORT AND HAVE BEEN IN CONSTANT WEEKLY CONTACT WITH CHILD (now age 15), VISITING OVER 17 TIMES SINCE 1997. Spouse continues to make it very difficult to arrange visits, even after 7 years. This Divorce can possibly change the old 1997 NY visitation rules (I hope)…IF it is possible to simiply add this statement: " Both parties shall agree to new and fair terms for Paternal Visitation as decided on by the North Carolina court system, AFTER the Absolute Divorce is granted " If you do not think that this simple statement can be added - at the Absolute Divorce Hearing - without creating a ‘contested divorce’, please contact me regarding Legal Representation for Daughter in this matter. I would like to hire you to represent Daughter’s interests. Is that allowed? She is 15 yrs old. Thank-You!