What happens now,This is not right

Hello,
I feel there is more I can do. Please advise. I need to see my child. My STBX took our child from me! He lied and they believed him with no proof, gave him an ex parte, I was evicted after i arrived to an empty home after work. Called the cops and i was served! My child was breastfeeding. We went to trial. Shockingly, I was given supervised visits for 6 months along with other orders that I have followed and exceeded. This is in-humane since, I have seen my child 30 times since he took our child in May. My family lives in another state and are the supervisors and they cannot get here therefore no supervisor =no visits. I feel good about my lawyer but I feel there is another way I can turn this around. I need as much help and advice as possible please. My child needs me. This order expires in two months. What will happen?
Thank you!

It sounds like you will need to calendar another court date for when your current order expires. You will need to show evidence that you are a fit parent (stable housing, stable employment, no drugs, no excessive alcohol, etc.) and that it is in your child’s best interest that you have custodial time with your child.

Your current court order will have a Findings of Fact section. This section will give you the facts that the judge relied on to award the other parent primary custody and only supervised visitation with you. At the next hearing you will want to present evidence to refute these facts and to show that the circumstances existing at the time of the last hearing are no longer the circumstances today and that you have overcome/improved on each of the points listed in the Findings of Fact section.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

Thank you Very much! My stbx is Skyping me to see our child. Of course I answer since my child has not seen me. As per my council I will not answer the skype calls anymore. Secondly, I went to the D.A. office and judges offices and they were not able to help me due to the fact this is a civil not criminal case. I had asked if i can pro-see to file a motion, the response was no since i have council. My stbx denied my visitation already. I was not able to get a supervisor to drive with me to pick up and drop off our child therefore my stbx said he couldn’t do it. I have a lot of legs to stand on. My stbx is treating me like a stranger, keeping me in the dark with our child’s changes, medical interventions, etc… Will Full Custody be in my favor with the stack I have to present please? Thank you in advance. I hope this helps a lot of parents as well.

Full/primary custody is not typical unless one parent is found to be unfit or it is against a child’s best interest to be with one of the parents. Absent any special facts and circumstances, 50/50 legal and physical custody is the “norm.”


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

Thank you for your help and time. Kind Regards.

My stbx has changed our child’s pediatrician, medical intervention etc…He is treating me like a stranger and not taking my opinion for our child into consideration. I left a message with the pediatrician saying I do not consent to certain medical interventions and wish to wait for these interventions until our child is later in developments. Am I going to get in trouble for this? My stbx denied me authorization to her medical care and records until I went into the Pediatricians office and asked for them. Then my stbx signed a release for me to receive her records. This is slander, yes?

If your current court award awards the father primary legal custody (primary decision-making ability), then he could consent to medical treatment for the minor child without your input. Unless it says otherwise in your court order, you would not be in violation by calling the pediatrician’s office informing them that you do not consent to what the father has consented to.

However, you should still have access to your child’s medical records. You should not rely on the father to give them but you should be able to access them directly from the pediatrician’s office.

This would not be slander.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.