Visitation Question


#1

Dear sgraham6:

Greetings. It is very likely. If your child is in danger, file an emergency child custody action and ask that the child not be forced to visit until the court can help implement a safe parenting plan for your STBX. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

What are the chances of my STBX losing his visitation rights for drug use, living arrangements, neglect ? We were married for 14 years when he decides he doesn’t want to married anymore. We have a 12 year old daughter who is now being treated for depression and a 10 year old son who has Asperger’s Syndrome(high functioning autism). He has lost a very good job for failing a drug test. He has now lost the job he had when the support order was filed and is 5 weeks behind in child support. He took the children swimming last summer to the river(my son can’t swim). He let them get in the PeeDee River alone, was not watching them, and my son got in over his head. A stranger had to jump in and save him. His Dad had his back to the water.
He currently lives in a 2 bedroom house with 5 other people. One is his 22 year old son from his first marriage who has been charged with possession of a weapon of mass destruction. His crackhead sister and her boyfriend are there also.
What are the chances of getting his visitation at least limited to better surroundings?