Is he providing financially for the kids?
Did he tell you he wanted out of the marriage?
Has he seen the kids at ALL since he left?
If you say yes to any of the above, I don’t think he’d be guilty of abandonment. You can offer all kinds of visitation, but you can’t make or require them to do so.
Now if you’re getting child support, and the number of overnights is compromised because of his lack of visits, then tell the court.
Is there another court date set for you to go back to court? Was this a temporary or a permanent custody order?
There are no specific charges you can bring against him for abandonment, however if he goes long enough without seeing the children you may be able to move to terminate his parental rights.
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
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.
If we have to go back to court, it will probably be for child support to intervene to have payments taken directly out of his paycheck.
It was a temporary order to become permanent on the 1st day of the 13 month if no modifications are made?
What is the difference between the order starting out as a temporary order as opposed to being written as a permanent order?
How long would he have to go without seeing the children before his parental rights can be terminated?
quote:
[i]Originally posted by Helena Nevicosi[/i] [br]Is there another court date set for you to go back to court? Was this a temporary or a permanent custody order?There are no specific charges you can bring against him for abandonment, however if he goes long enough without seeing the children you may be able to move to terminate his parental rights.
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 Firm4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main faxCharlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780The 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.
My soon to be ex and I signed a consent order on August 7, 2008. My soon to be ex signed up for visitation with the minor children three (3) weekends out of the month. He has failed to do any visitation with the children since this time.
What happens when we go back to court?
Can he be brought up on charges of “abandonment” for not visiting with the minor children?
What does this mean since he has failed to do any visitation?
Let me know. Thanks.