Why not ask the court to grant you sole custody permantly?
I did ask a legal advisor after I posted this and he said that NC law isn’t favorable in sole custody issues if the other parent is a little interested. So I will have to wait it out and go through mediation with the father.
Greetings. No, you will not be able to renew the domestic violence action that you let expire. You may be able to file a new action.
However, you should file for sole custody, because with domestic violence and prison, I do not see the court awarding him joint custody. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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.
I had temporary custody issued to me due to domestic violence. The year has passed and it has now expired. The father is now in prison due to drug charges. His release date is less than 3 weeks away is there a chance I could renew the temporary custody before he gets out so he don’t come and take the children and “run”.