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!
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
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.
I currently have a temporary custody aggreement in place. I recently obtainded a new position in my home state. This position pays more and I will be able to family support. Also, my siblings are sick with from stroke, cancer and a rare auto immune system. I am wanting to go home to Ky to live and wanted to know if a Temporary Parenting Arrangement is appopriate to seek permission to leave the state.
If you and the other parent agree for you to move out of state with the child, then you can attend a custody mediation session and enter into a Parenting Agreement.
If the other parent does not agree, then you will need to schedule a permanent custody hearing in court and let the judge decide if it’s in the best interest of the child to move with you out of state.
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.