X filed for custody after 10 YEARS on no contact

Dear Shelby:

Greetings. Does the complaint actually say that you are unfit? How could he write that if he does not even know what your living situation is and has not seen the child in 4.5 years? That is ridiculous.

He may be entitled to visitation, but I would advise you to hire an attorney and counterclaim for supervised visitation and child support. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.

Yes, it said I was “unfit” due to the fact I would not allow him to see my son.

I tried to work with him…for 4 years…then he would see him …& find better things to do for 6 or 8 months…& them think that was ok…to think he could “pop” back in…

When my son was 5 I told him NO MORE…to take me to court.

Does it take 7 years to find a lawyer ??? On a bright note…he has offerend me visitation…geeezzz

Dear Shelby:

Greetings. What he is probably going to allege at trial is that you committed “alienation” between him and minor child. His behavior is not acceptable, but neither can you withhold the minor child from him. Do not think that I don’t understand, as I clearly do understand that you were trying to protect your child’s emotional well-being.

I think that your ex has “come over the top” with his negotiating position to get a steady visitation schedule. Keep your head up and get an attorney to make sure that there are restrictions in the agreement to him just visiting periodically. Also, make sure to immediately ask for child support. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.

We did visit a Atty. today…we are filing a motion to dismiss as well are terminate his parental rights…I think it quilifies for abondonment…If we do not get that…we have counter sued for court cost , back child support etc…

My son who is almost 13 & has not seen his “father” since he was 5 …has no desire to see him…which makes this even sadder for us & him.

We are trying to repect his wishes do as he asks…

Shannon

Good luck with the situation.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.

I just got served for custody of my 12 yr old son.

We divorced when he was 1 yr…I was very concerned about my x getting unsupervised visitation…so I never sought child support. We left the matter open.

I made a verbal agreement with my X to pay $50 per week…which he did for just a few months.

To make a long story short, he wanted to see him a couple times a year & not pay anything…I told him all or nothing…get a lawyer…

Well I have gone a sman as much as 4 1/2 YEARS without even hearing from him (my number in in the book & his mother & sister had it, never tried to hide)

So today after 11 years…I get served saying I am un-fit ???