Visitation Modification

North Carolina Divorce Law Divorce and Separation Answers
1

We had custody/visitation formally drawn up in 2010. The girls are now almost 14 and 15 years old and have endured numerous issues at their father’s house. I was awarded divorce from bed and board due to abuse. The issues (just a small portion of them) are:

  • Constant road rage (he has had numerous issues of people throwing things at him, yelling, him getting out of the car and confronting other drivers, etc. while the girls are with him).
  • Yelling and calling them names
  • Not having decent food for them when they go over
  • Live in girlfriend constantly fighting with him in front of the kids.

And the most recent thing that has me beyond pissed off … they all went on a trip to PA last weekend and Tuesday my youngest daughter texted me and told me she hated the girlfriend. I asked why and she said she’d tell me later. Well the ex wound up calling my mother because he and his girlfriend got into a fight that was so epic that she took HER CAR and went home and left them STRANDED with NO WAY to get home. He had to contact MY MOTHER (because he knew better than to call me) and ask her to send him money for a rental car in order for them to get home.

This is the last straw. She has moved out but I have no doubt she will be back. I’m sick and tired of the constant issues at his house and I need to put a stop to it. I am not asking to take away his visitation all together but rather but some sort of safety plan in place (and this would include that girlfriend NEVER moving back into that house as they are never to be in contact with her ever again).

What can I do at this point if I am not looking to modify visitation (or maybe I am … I’m not exactly sure of the exact legalities of all of this). I really don’t have the money to hire another attorney as I was hoping I wouldn’t have these issues but if I need to, I’ll figure something out.

Thank you for your time.

2

Also the girlfriend lives in the house. However my name is still on the house (as well as his). He never signed the quit claim so i still am an owner. Can I have her evicted if I feel she is a detriment to my children?

3

Hoping for an answer soon. Please and thank you.

4

Really needing an answer here … things seem to be getting worse at his house.

5

I apologize for the delay, each subsequent post pushed your post further down the list.

You cannot evict the girlfriend regardless of whose name is on the deed. There is really nothing you can do to keep her out of your ex’s house.

You need to file a motion to modify custody and put on evidence of the girlfriend’s negative influence on the children. If you cannot afford to hire an attorney, you may be interested in our Rosen Online Service. This service only costs $199/month, gives you access to our library of legal forms and communication with an online attorney to guide you through the process.