This is a little confusing for me…
Your wife was supposed to move with you but now is not moving? Does this mean that she used you leaving the state as a separation in order to file for ED, custody, alimony and child support. Were you not aware that you were essentially separating? You are still entitled to 1/2 the marital assets and she is still responsible for 1/2 the marital debts. You really should find a way to consult with an attorney in NC and be at that hearing. It sounds like you are getting a bad deal and since you are not here to defend, she is getting what she asks for.
She absolutely can NOT keep you from contact with your son. Regardless of what the situation is. Unless the courts have decided custody or it has been agree on between you, you both have equal access to custody of your child. How old is your son? Is there any other way to get in touch with him…maybe another family member…
If litigation has been filed in North Carolina then the only way to deal with that litigation is in North Carolina. If you cannot travel here then it might be best to retain an attorney and see if they can negotiate it on your behalf. Do you have friends or family members that can assist you with legal fees so that you can get a court order allowing you contact with your son?
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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.
I moved to Hawaii 6 months ago for a job as my wife and i agreed. She was supposed to follow after she got the dog ready. Now she has a vendeta against me and I need help. Missed temporary arrangement case last month. Next hearing is Dec. 12th in NC. don’t have any savings just my paycheck. Court ordered temporary alamony is more than i can pay. Please help me figure out what I should do. She won’t let me talk to my son which is causing me to about have nervouse breakdown (can’t stop crying when i think about it).