She can obtain a lawyer in any county she chooses, the action should be filed in Cumberland.
Erin is there anything that I can do without having to get a lawyer to get something in order for me to see my son? I have asked her on numerous accounts when I can see my son and I keep getting the “I dont Know” Excuse. She keeps saying that since I have not sent her any money in 3 weeks that she wont let me see my son. That is basically telling me she expects me to “buy” my son’s visitation. I am sick and tired of her games. The Child support will start coming out of my paycheck here within a couple of weeks. I asked her last night when I could see him and she said “I dont know its complicated”. I asked her if she was seeing someone else and she said no and hung up the phone on me. Erin its going to be a while before I can save 2 grand to hire the lawyer. There has to be something that I can do. I love my son to death but I am not willing to deal with her BS when it comes to seeing him. I have sent her a grand in 2 months and have every receipt but she denies that I have sent her that much. I want her parents out of the picture as well. Can you help?
You need to file for custody and go before the court to have a visitation schedule put in place. Though I highly recommend you retain a lawyer, you can file for custody on your own. Many counties have self service clinics that will enable you to get help filing your complaint and getting a temporary hearing scheduled.
Erin I have printed out a few pages of what I think that I need. But to be clear on the exact papers i need to fill out is there anyway you can guide me in the right direction? ie: Form number’s.
Advice that specific is beyond the scope of this forum. I can tell you that to commence an action you will need, a Complaint, Summons, Domestic Civil Action Coversheet, and Child Support Coversheet.
Ok I have a couple of other questions.
She has still not let me see my child. She tells me that she wont let me see him because she is afraid that I am going to take him away. She also said she does not want me to see my child because she does not want to see me.
Anyway, I happened to be on craigslist 2 days ago and happened to run across where she is trying to sale the marital car that I bought during our marriage.
I talked to her. I asked her if she had the title and she said no. I think she is lying to me and she has the title. I asked her if she ever found out whether we were actually married or not. She said yes we are married but are legally seperated.
Erin is there anything that I can do to stop her from selling the car? Should I let her sell the car? If she sales the car can she get in any kind of trouble?
Erin do i need to pay a lawyer to draw up seperation papers? What should I do. I honestly believe that we are not or we were never married.
I mean anybody in there right mind would know that you cant sale a car to someone without the title. So she has to have the title, I have the Title to the car in my possesion. This is the reason I believe that we are not married or never were. No matter how much I explain to her that she cannot sale the car she will not listen to me. So she must know something that i do not know.
Should I report the vehicle stolen or what? I mean the title to the car is in her name but it does not change the fact that the car is marital property.
You really need to move forward and file an action for child custody and for Equitable Distribution. You can include a claim for a restraining order which will prevent your wife from selling marital assets as well.
As I have said numerous times your marriage is valid. I suggest you meet with a lawyer in the immediate future.
Ok Erin lets just say that I do what you say but find out she has sold the car before I am able to follow through with the issue. Do I have any recourse then?
She can be made to account for the proceeds and give you your one half share.
To the Original Poster…
You have asked Erin SEVERAL times if your marriage is valid, and she informed you that YES, it IS…so please, stop asking about that part…YOU ARE MARRIED. Erin has very patiently told you that you are legally married, so accept it…to ask who you can call to find out for sure when you have already asked a NC FAMILY LAW attorney is an insult, and I am not an attorney, but if I were Erin, I would be insulted.
Secondly, your wife does NOT HAVE TO TALK TO YOU. It’s part of being separated, and eventually divorced…it’s her right to ignore you about anything not related to your son. If you were constantly calling and emailing me, I would probably ignore you too. You DO have a right to see your son, as long as there’s not some crazy, valid reason she’s keeping you from him, like if you’re a drug addict or something. So, go to the courthouse, cough up the $100 or so it costs to file for custody or visitation, or whatever you want, and get something ordered so you can see your son while you save up that money for an attorney.
Third, the car is marital property…if she sells it, then WHEN you file divorce, or she files, you can either ask for (if you file) or respond for equitable distribution…and she will have to give you your 1/2 of the value of the car if she sold it. And if she hasn’t, then you will likely ask for 1/2 the value, or the car will have to be sold so you can get your half.
Her parents are doing what parents do when their daughter is getting divorced…they’re supporting her and giving her advice. Is some of it bad? Possibly…but her parents aren’t doing anything illegal best I can see…and for the record, if there is no court order for custody/visitation in place, she probably knows what could happen if you do get your son alone…and she is likely waiting until there is a visitation/custody order in place, to protect herself and your son.
I have no intent on kidnapping my son, I don’t know why people think that. 5 minutes, just 5 freakin minutes if I could see my son then that would be great, whether she is there with me or not.
Everything about what they are doing is wrong, keeping a child from a parent is wrong, wrong wrong.
I do not understand people sometimes. And waiting for an order to be in place to protect herself and my son??? That is just childish and BS.
Ok Erin i am not trying to say you are wrong but I have a question pertaining to taxes again. You told me that her parents cannot claim my son correct?
Well last year I did my taxes online and they asked questions about my dependents. What happens if they lie about my son and are able to claim him and then I do my taxes and end up getting in trouble?
I am pretty sure that they are going to lie and find some kind of leouphold (SP?) in the system so they can claim my son. My Wife Still does not have a job.
Should i just not worry about it and proceed to claim my son? Also since we are only seperated and we were together for 8 months before she left in 2009 should i still file married filing jointly?
I am not trying to say you are wrong at all just I have never been in this position before so I am unclear about alot of things.
The IRS will perform an audit if the children are claimed on more than one return. The grandparent’s will be found to have improperly claimed the children.
You may file jointly if your spouse agrees to do so.
Ok, thank you so much Erin.
You are very welcome.