Visitation out of state


#1

Are the facts that you are bringing up now all problems that existed before the court order, or are they new things that have happened since the court entered the temporary custody order?

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#2

In answer to your question as to whether or not the listed facts are new…
My husband actually got temporary custody out of an ex parte order that was issued when his ex took their daughter out of state and refused to bring her home.

All of the items listed are new issues. Presumably the substance abuse is not new but we didn’t know about it. She didn’t tend to hold the same job previously but at least always had a job when she was in NC. So, the new items: the living situation, employment, substance abuse, refusal to provide contact information, talking poorly about dad to daughter. The only issue on this list that we knew about was her self-diagnosed bi-polar. This didn’t come up in court as we never had a hearing, per se. My husband wrote up something he was willing to live with temporarily and it was presented to her. She accepted and the judge signed it as being temporarily in effect until such time that a permanent hearing could be scheduled.

momto2


#3

You should file a motion and order to compel now to bring these issues before the court. The court cannot technically change the custody order at a show cause hearing, but they can order that she comply with all the provisions of the order and if she does not then she cannot have visits with the child, if the court has concerns about substance abuse then they may put significant restrictions in place regarding visitation.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#4

My husband has temporary custody of his daughter here in NC while his ex has visitation while daughter is tracked out. Couple of things here…

  1. Ex took and kept daughter out of state for three weeks against a court order, which is how husband ended up with temp. cust.
  2. Ex has been bouncing from friend to relative, basement to couch to who knows where. We have no idea where she is right now.
  3. Ex is not employed
  4. Ex was recently in a substance abuse facility for women per her friends. She won’t admit to it. She says she had pneumonia and was in the hospital for two weeks.
  5. Ex has refused to provide contact information (address, phone) although court order states she must do so. We got lucky when we guessed her last address, one that she has been kicked out of (assuming due to the substance abuse)
  6. Ex has diagnosed HERSELF with bi-polar and takes meds that her mother is getting prescriptions for. She has not been diagnosed by a doctor and is not taking meds prescribed to her.
  7. Ex is constantly calling daughter and telling her that her daddy is mean, telling her she doesn’t have to listen to her daddy. She actually called two weeks ago just to tell daughter that she was in the hospital and was really sick. Bottom line here…she is constantly calling and upsetting daughter who is only 8.

Daughter is tracked out beginning the first of December for four weeks.
Questions:

  1. Is there any way that we can avoid having to send daughter for visitation being that we have no idea where she will be staying?
  2. Is there a way to compel address and phone number?
  3. Do we have to continue allowing these types of phone communications? How do we stop this?
  4. Basically, any advice would be appreciated.

We are scared to death to send her for visitation for the various reasons I have mentioned and more. We have adhered to every item in the court order including allow communication even though it is constantly upsetting to our entire family.

We are hoping for a permanent hearing in late December/early January, but this is after we are supposed to send daughter out of state. We know we have to continue to adhere to the order but is there a way to get around sending daughter for visitation legally? Another emergency order, motion to show cause, etc.?

Please…advice…
Thanks

momto2