Waiting for papers / phone calls


#1

I’m not sure that I understand the first part. Your ex has primary physical custody and you have joint legal custody? Regardless, there is nothing that says you can not talk to your son every day of the week. The visitations are wored out and would be put into those final papers you were mentioning. Primary physical custody only means that your ex has the responsibility of daily care and maintenance of your child. That is it. It does not give her the power to dictate when you can contact your child. Other than the visitation days you are still entitled to call, e-mail if possible or even visit your child at school for lunch depending on school policy. School visits are not infringing on her custody as your child is in the custody of the school during school hours. If you share legal custody then you have the right to be kept informed.

To get a copy from her attorney, I would park myself in the office and not leave until I get a copy of the paperwork. If necessary contact the clerk of court and ask that a copy be sent to you. If it was checked out by her attorney, the court would have to request that it be returned so that you may receive a copy. If necessary, you could file a complaint with the clerk’s office that you have not been given a copy of the order from her attorney that you are supposed to be following and that you are being denied some of the privilages given by the judge since you do not have a copy of the papers so that you can dispute what your ex is telling you.
I think this is what you were asking about…


#2

Dear lostworld:

Greetings. It is possible that the court may give you more time, but I doubt it if that was the order already. You can set an entry of order hearing with your judge to get the order, which I would do right away. 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.


#3

We went to court in August of 2005, since then I have replaced my attorney and currently am looking for one, in case the need arises. I have 2 questions:

My Ex recieved Primary, Joint Custody of our son, she has told me that I can only talk to him on Tuesday, Thursday and Sundays, is there a way a judge would allow more time than these 3 days?

Second question, Since August of 05, no formal paperwork from my Ex’s attorney has been filed and he claims he is currently working on the paperwork, 1 1/2 years later. I have been to the courthouse to get a copy of the court file but it has been checked out by her attorney. What would be the best course of action to get the final papers drawn up? The judge specified numerous dates, times and was very detailed. The court hearing wasnt too ugly and the judge said she didnt want to seperate my ex’s son and our son so she was going to keep them together. The judge had given myself alot of priviledges with my son but I have yet to recieve a copy from her attorney, how can I speed this up?