Visitation


#1

Dear Just amom:

Greetings. No, you cannot and should not refuse visitation. You should file a Motion to Show Cause and let the judge know how he is purposefully disrespecting the judge’s order. Motions to Show Cause can be found at the Administrative Office of the Courts website. Many people hire attorneys to help them with a Motion to Show Cause though, since it is a serious trial where you are asking the court to enforce the other and impose a penalty on the other party for failing to follow the court’s order. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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

Thank you.

How long does it take to get a “Motion To Show Cause” on the court docket? Is this another 30 day order? Can it be laid over? I get so impatience with the courts. It seams to me that something involving children would have priority.

Thanks.


#3

Dear Justamom:

Greetings. Usually, because this is a motion you obtain ex parte, the motion to show cause is placed on the calendar within 10 days of the date of filing the same. This is not always the case though, as some counties mandate that the ten day return hearing is only for “emergency” matters. So, if not within 10 days, then as soon as possible. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#4

Hi;

My ex. has visitation of our child, court ordered. I would like to know what I can do if he is late and does not bring the child back home at the time he is suppose to under the court order. He gives all kinds of excuses. He also says the courts are not going to do anything about it. Is this so? Also, he brings his girlfriend when he picks up our child. Can I refuse the visit if he doesn’t abide by the court order? What can I do?

Thanks.