Temporary parenting arrangement help


#1

My STBX and his girlfriend are living together. Our child does not want to go visit as she does not like or trust the gf, who has been trying to bribe her to move there. She is afraid if she goes, 2 hours away, they will not bring her home. Visitation has been erratic at best up until this point. The STBX and gf have an admitted drug history together, as well as other mental health issues. Are these sufficient grounds for a Temporary Parenting Arrangement hearing to be granted? Also, without a PSS or CS order in place, I know as soon as I file all monies will be cut off. Can I get all 3 done in one hearing. Am I better off to request a peremptory hearing? Thanks!


#2

If there is no court order or separation agreement specifying custody and visitation, you would not be required to make your daughter visit her father. It is unlikely that you will have a court date where custody, child support, and PSS are all decided on the same day. However, you can file one complaint with all of these claims included. Some counties will go ahead and schedule court dates for the temporary issues, other counties you will have to schedule them yourself. If you are in need of child support and PSS, you should make sure that you have a court date or dates scheduled soon after filing.

Yes, you have grounds sufficient for a temporary custody hearing and you will continue to have grounds for such a hearing as long as you and your ex do not agree on temporary custody.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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