Visitation laws

North Carolina Divorce Law Divorce and Separation Answers
1

Dear jrob:

Greetings. No, there is no such law. However, the judges that I know do not generally allow this. North Carolina is a conservative state. Now, if the agreement says that you get overnights, than she has no option but to allow it unless she files for a motion to modify child custody (or an original action for child custody if you have an agreement). Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 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.

2

IS there a law in NC that states that a child can not spend the night with the father if the father is living with his girlfriend? This is a stable cohabitating relationship of more than a year. There is a separation, child support and visitation agreement in effect for 18 months but the mother prohibits the child (4yrs. old) from spending the night. He has to take the child to his mothers for the night. The mother states THIS IS THE LAW. Is this true? Thank You.