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I may be out of order for saying this but I think you should file something in court. I have a friend who is going through almost the same thing. He makes every effort to see his kids but the ex makes excuses which don’t allow for him to visit. My friends lives in another state and he is planning on filing on his state and in NC. He wants to cover his bases and see his kids. You are going over seas and if you can’t do anything about sole custody at the time, at least you can request that you have court ordered visitation. At least that way, if she breaks the order, she has to deal with the state, not you and that will hold more water than the Atlantic ocean. Oh yeah, fyi, save those messsages! They can be supoenaed by a judge.

quote:
Originally posted by young_fool
[br]Last night I received a text message at 7:48pm Tue. Jan 6th:

“I don’t think I feel like bringin landon back tomorrow or even driving out there”

My son was suppose to be back Dec 28th. Since daddy is so called leaving to go over seas, I agreed til the 8th. We have child support court on the 9th for the NCCS to take over case.

What should I do? He is out of state in IL. I called the mag and they said it is a legal matter. I don’t want to file something into the courts if i am in the wrong. Could someone please help me.


Brattygirl: Sweetie, I am the mother. My STBX is the one being the butt. He is the one playing the games with me. I have temp custody of our son. Matter of fact he missed two visitations. This is the first time he has seen him since he left NC.

I do keep as much as i can. But all i want is the divorce and since i am not an unfit mother, i will not lose custody of my son! Thank you for giving me input. I just hope you are not the girl he is with. If so con’t giving me more information on the case, I love it. lol

You can file a motion to have your ex held in contempt of court for not abiding by the order. Since you did agree to let him keep your son until the 8th, he can, but after that he is in violation of you the court order.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
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) 943.0044

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.

They left last night from IL to come back to NC. I guess he didn’t want to con’t playing the games with me. Thank you.

Glad to hear it!

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
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) 943.0044

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.

Last night I received a text message at 7:48pm Tue. Jan 6th:

“I don’t think I feel like bringin landon back tomorrow or even driving out there”

My son was suppose to be back Dec 28th. Since daddy is so called leaving to go over seas, I agreed til the 8th. We have child support court on the 9th for the NCCS to take over case.

What should I do? He is out of state in IL. I called the mag and they said it is a legal matter. I don’t want to file something into the courts if i am in the wrong. Could someone please help me.