I have my divorce and visitation paperwork that was filed in Wake County courts. They are on both on my “Complaint for Absolute Divorce”. Is this a legal binding contract in NC even without a judge’s signature on it? In the paperwork it says I get the Kids everyother weekend and I pay “x” amount of child support every two weeks until kids reach 18 years old. My ex is refusing me rights to see my kids because she is saying that my girlfriend cannot be around. Can she stipulate who I have around my kids? If I choose to can I enforce my rights by involving the Sherriffs? If I choose to file a “motion to compel” how long does that take to be presented to a judge? Since she is refusing me my rights to see my kids should I continue to pay my child support?
A complaint is not an order. That is the document that is filed to institute an action.
A judge would be the one who enters the order and tells you whether your girlfriend can be around the children. Itis my experience that absent some major problem, restrictions on significant others being around the children is rare in Wake County.
If you do not have an order to enforce, there is nothing that a sheriff can do for you.
The hearing date you will recieve for a motion to compel depends on the court calendar and your assigned judge.
Custody and child support are mutually exclusive. I would not advise a client to stop paying child support.