What to do?


#1

I suggest that you look at the Court Order that explained the matter was being moved to NC. Check with the Clerk’s office in the County in which your former spouse lives. See whether there is an active child custody matter (it sounds like there may have been an emergency custody order and that a hearing may be scheduled). It could very well be within the coming week. It is difficult for me to say without seeing the information you received, but the best thing for you to do would be to contact the Clerk (in NC) to determine the status of this matter. You can start with the Clerk where the original matter was filed (out of state) just to be sure you understand what the status is.

You asked about supervised visitation- sometimes a court is faced with one parent indicating the other parent may not be safe for one reason or another (for example, dangerous or at risk of not returning the children, or anything that would give the court reasonable concern that the children may be at risk). When one parent demonstrates or raises such a concern, a court can investigate the matter to determine if said concerns are founded. This may happen with different court procedures. If an emergency custody action was filed, you should be afforded a hearing within 10 days. If this is only a motion in the cause (custody case that the court retains jurisdiction on while your children remain minors) then you should be served with a notice of hearing. Based on the language you read, it sounds more like the former. Call the clerk. Finally, the court will determine what is in the best interests of the kids. That means that if the judge feels there is not enough information to make their decision about custody, than they can order a guardian ad litem to do an investigation and report back to the Court with their findings and usually reccommendations. Ultimately, it is the Judge’s decision. I hope to have been responsive, however, remember my response is based on limited information. Good luck.

Deborah M. Throm
Rosen Law Firm
1829 E. Franklin Street, Bldg. 600
Chapel Hill, NC 27514
919.256.0017 direct
919.321.0780 main voice
www.rosen.com
Email: dthrom@rosen.com

4101 Lake Boone Trail
Suite 500
Raleigh, NC 27607
919.256.1544 direct
919.787.6668 main voice

301 McCullough Drive
Suite 510
Charlotte, NC 28262
704.644.2531 ext. 100


#2

Thank you for your reply. I do appreciate you taking the time to read this.
This order is stating that NC has jurisdiction to decide custody and visitation, because I was trying to modify it, but I had to get the other court to relinquish jurisdiction. I didn’t know which court to go to first.
Please correct me if I am wrong.
So, I register this order(the new one only)in NC and then I will be served with a notice of hearing automatically-within 10 days, without filing any motions to modify?
I would then need to travel to NC for the hearing? How long after I receive that notice would I have to go to court?
As far as a hearing goes, would you recommend an attorney, or is this something I can do myself?


#3

The answers to these questions depend upon what is contained in your order and are difficult to answer without a review of the orders. I recommend that you seek a consultation with an attorney to give you specific advice about your situation.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@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.


#4

I have a court order from another state that says that venue and jurisdiction is being transferred to North Carolina. It also says that plaintiff has violated litigants rights…that custody and visitation are denied without prejudice pending further order of the court in NC and requesting that NC do an investigation as to appropriateness of unsupervised visitation. What exactly does this mean? There is no schedule for visitation. The 1st order says for us to cooperate. Well it never happened so we went to court.
This newer order is about 2 years old; but I have had visits unsupervised since then. I traveled to NC during the summers or spring breaks. I live in about 800 miles away. It is so expensive for me to continue staying in hotels to visit our child. CP refuses to pay any transportation costs. Because of this distance I cannot have much of a relationship doing things her way.
CP has written me stating that child can come to my home for visits, but does follow through and is now stating that child does not want to visit. I have no options but to return to court.
I don’t think this order has been registered yet. I would have been notified, correct? What happens when I do register?