Rule 60 and Bias Judge

1

I have been the primary parent of my son for 12 years and the father secondary since 2014 where he was giving visitation. Long story short there was a hearing for contempt in Dec where the father made false allegations of abuse. He claimed my son had bruises on him and was malnourished. He stated my son was getting beat up and also needed tutoring. DSS investigated and closed the report and stated the father was lying. She contacted the father and asked him for the doctor who claimed my son was overweight and he couldn’t give a name because he made it up.

I missed my court date for the contempt order and the judge gave him custody. I hired an attorney and she filed a rule 60. Judge was very biased I must add. It’s like he knew my ex. My ex showed to court an hr late, lied to the Judge about having an attorney, lied to the judge about my son being enrolled in school. After he withdrew my son,he didn’t enroll my son in school until Jan and the judge made excuses for him saying it was ok since he’s out of state. The judge would made remarks agreeing with him saying I understand where he’s coming from or I agree with him. He was very bias.

My ex was jealous about my fiance raising his son. The judge originally denied the rule 60 but we had to come back to court the next day where the attorney found he was wrong and showed him the law so he granted the rule 60 and stated that myself and the father was fit despite what he originally heard abt me. How is the father fit when he had a hit and run last year, unstable, can’t keep a job, has numerous ssn’s, criminal records for fraud and furthermore.

He granted the father temporary custody with me having visitation rights every other weekend and stated my fiance is probably a nice guy but not nice for my son. I asked why and the judge didn’t give a reason to back up what he said. Since then the father has denied my visitation rights with my son. I have not seen my son since he left in Dec and it’s now Feb. He even said “take me to court”. Because he knows helly get away with it from that judge

How is this fair?

2

Being a fit parent to have custody or visitation is a relatively low standard since a parent has a constitutional right to parent their children as they see fit.

If you have a court order that allows you custodial time and you are not getting it due to the father’s willful violation of the court order, then you should file a contempt motion (motion and order to appear and show cause) against the father so you can have the order properly enforced.

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.