Visitation


#1

Dear Haley:

Greetings. First, talk to your ex immediately about this. I would also advise that you send an e-mail or letter with your concerns in writing. I would also mention this to the attorney.

No, I don’t think that you have any evidence of any action for child protection. Have you taken your child to a psychologist or a medical doctor? I would suggest that you take her at least to her pediatrician to be checked to ensure she is not coming down with something and to see if the pediatrician has any ideas for you on her behavior.

No way … of course you would bring up child abuse at a final custody hearing. The problem may be that your attorney could not get the evidence admitted due to the rules of evidence, but that is different from being an “ace in the hole.” 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

ROSENDIVORCE.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

Thank you so much for your answers. My attorney has copies of the abuse charges, however, these happened about 5 years ago. Would this have held up in court? Can these still be brought up in court, if we have to go back, due to something happening to my daughter, such as abuse.

Thank you.


#3

Dear Haley:

Greetings. Prior bad acts, such as child abuse of other children, should be raised at a trial. The other side (his attorney) will try to keep this information out of the court through the rules of evidence though. If your ex has reformed his ways and now spends tons of time with the children he previously abused, it is not likely to be given much weight in court. Now, the abuse to your child would be given a lot of weight, but her crying is not enough to prove that abuse is happening. 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

ROSENDIVORCE.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.


#4

Hi;

I have custody of my 2 year old daughter. She gets visitation with her father, now it is every other weekend. She has been going with her father to his home for about 2 months every other Saturday to Sunday {1 night}. His visitation begin as supervised, on a gradual scale. My problem is this; when she came back this past weekend she was different, such as, when I mention the word “daddy” she gets real upset, cries, tries to hide, etc. These are NOT good expressions. There are 4 other children in her fathers home, he has 2, his girlfriend who lives there has 2. When I mention two of the other childrens names she does the same act.

My questions ; Should I be real concerns about these expressions, she is not old enough to tell me what goes on. Do you feel I should mention my concerns to my attorney? Do you feel I should get child protection involed here? What is the best thing I can do?

The father has documented cases of child abuse, with his older children, with whom he has custody from a previous marriage. I ask my attorney why he didn’t bring these abuse charges up at our final custody hearing, he stated this would be our ace-in-the-hole, do you agree?

The father lives 3 hours away, its not like I can run by his home all hours of the day and night.

Thank you for your answers.