Separated and Now Divorcing!


#1

I’m glad you are finding our website helpful! It is possible that the Wife will get sole physical custody, and the Husband have visitation with the child. He his entitled to visitation. However, he may also be liable for the child support payments he has not made since the parties separated. He does not have to get an attorney in the Wife’s county, but it would probably save him money if he did (he doesn’t want to pay for an attorney to travel from county to county). Plus, since it sounds like there is already a court action, he would want an attorney familiar with the judges in that county.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

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 for your help. What type of visitation do you feel a judge here in NC would give this father? Could it be supervised? Does the father have to pay child-support ALL the way back to when the separation begin? I heard the law in NC was only six (6) months back. However,the one who stated this was not an attorney. If child-support has to be paid for back time, does the father have a certain amount of time to pay this? I really do appreciate your time, thanks.


#3

Dear sam38:

Greetings. First, start paying her SOMETHING, even if it is only $5.00 a week. If you have paid nothing and not seen the child in over 1 year, she could request that the court “terminate your parental rights.”

Now, I believe that you could receive a phased in visitation schedule, which may be supervised. What I mean is that you would start with a small amount of time and get larger.

Yes, the father of the child may have to pay back all of the minor child’s expenses which can be proven. There is not a “6 months” rule. Best of luck.

Janet L. Fritts
Attorney at Law
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.


#4

I want to first say, thank you for this web-site. I am asking these questions for a friend who doesn’t have a computer. This is the story; Husband and wife have been separated for 16 months. Now wife has filed for divorce and custody of one child, age 19 months. The husband did not have but three months with the child after birth. The husband never paid anything toward the support of child. Husband stated that wife never ask for any monies. Wife is stating that husband told her to leave and take the child with her. Questions; what are the chances of the wife getting full custody of this child? Will the husband be required to pay back “plus” now child support? what about visition? I heard that if the husband wanted to get an attorney he would have to go to the county the wife and child is in, ( both live in NC, however different counties) is this correct? Thanks!