• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

NC Question in regards to my ex refusing court order visitations

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

matthew02

Junior Member
I live in North Carolina. Recently divorced in February of this year after being separated for nearly 2yrs. We have 4 children. The oldest is 8 and the youngest is almost 2. We have joint legal custody, and he has primary physical custody of the oldest 3 children. I have primary physical custody of the youngest child.

Okay here we go..... I was living with my Mother, had been there for 10 mos, working full time, and getting visitations every other weekend with the 3 older children. After the last child was born in August, the father was getting his visitations with the toddler every other weekend. All was fine & smooth until my oldest daughter told me that her father made her put his thing in her mouth. She didn't actually say "his thing" she referenced to it by pointing her finger to her crotch and saying "He made me put his mmmm in my mouth." I asked how many times, and where? She stated twice in the bathroom. I contact DSS in my county, an investigation is done, during the investigation the father takes me to court for contempt, to which I was not found in contempt because DSS accompanied me, and explained they instructed me not to allow contact during the investigation.

The judge gave DSS 48hrs to do a petition or the 2 middle children must return at the 48hrs and the visitation with the infant shall resume. As for the oldest child whom made the allegation would return in 30 days if the petition isn't filed. DSS was ready to file but was waiting on the Court Order signed by the judge to which could not be provided by the attorney within the 48hr time frame. So guess what...he picks up the children and there is nothing I nor the DSS could do to stop it. DSS did substantiate the claim in the county to which I lived in but had to transfer the case to the fathers county. To which his county DSS would not speak to me about the case. Nothing ever came of it.

However, It came time for the Fathers visitation with the toddler and for the oldest child to return to his custody, once he got all the children in his possession he refused to return the toddler after his visitation was up, and then began denying my visitations with the other children. He filed a DSS claim that I had neglected the toddler because of a rash he had from where he had gotten Thrush which is very common in infants. DSS closed the case and found no neglect however the Father still refused to return the infant or allow visitations as court ordered.

I had been waiting on a court date, which got cancelled once, and then rescheduled, delaying my hearing, his lawyer counter suits me for SOLE custody! We have a three day trial this June for a Permanent hearing. He has been allowing me see the kids at a Family Center to which I have to pay money for. He basically keeps claiming that professionals advised him that he not allow me unsupervised visiting. However, these professionals have no names, or to be blunt they simply don't exist. I have re-married as of April 15th to an officer, and I have taken parenting classes (NOT court ordered but voluntarily) and see the children regularly routinely every other Sat and every other Wed. My ex-husband got primary custody in the beginning b/c I didn't have an attorney, poor at representing myself, and didn't have a solid support system.

Is it possible that although the children are doing okay in school, and health wise appear to be fine, that I could still have a chance of getting primary physical custody simply because of his actions? He is a narcissist person, very abusive and controlling (sneaky & malicious), he literally carries a bible everywhere, and can cry on queue. Its that bad, I am at the near end of my rope with this man. Just in case anyone is wondering "my tag name matthew02 is the middle name of my son and he was born in Feb."
 


Silverplum

Senior Member
I live in North Carolina. Recently divorced in February of this year after being separated for nearly 2yrs. We have 4 children. The oldest is 8 and the youngest is almost 2. We have joint legal custody, and he has primary physical custody of the oldest 3 children. I have primary physical custody of the youngest child.

Okay here we go..... I was living with my Mother, had been there for 10 mos, working full time, and getting visitations every other weekend with the 3 older children. After the last child was born in August, the father was getting his visitations with the toddler every other weekend. All was fine & smooth until my oldest daughter told me that her father made her put his thing in her mouth. She didn't actually say "his thing" she referenced to it by pointing her finger to her crotch and saying "He made me put his mmmm in my mouth." I asked how many times, and where? She stated twice in the bathroom. I contact DSS in my county, an investigation is done, during the investigation the father takes me to court for contempt, to which I was not found in contempt because DSS accompanied me, and explained they instructed me not to allow contact during the investigation.

The judge gave DSS 48hrs to do a petition or the 2 middle children must return at the 48hrs and the visitation with the infant shall resume. As for the oldest child whom made the allegation would return in 30 days if the petition isn't filed. DSS was ready to file but was waiting on the Court Order signed by the judge to which could not be provided by the attorney within the 48hr time frame. So guess what...he picks up the children and there is nothing I nor the DSS could do to stop it. DSS did substantiate the claim in the county to which I lived in but had to transfer the case to the fathers county. To which his county DSS would not speak to me about the case. Nothing ever came of it.

However, It came time for the Fathers visitation with the toddler and for the oldest child to return to his custody, once he got all the children in his possession he refused to return the toddler after his visitation was up, and then began denying my visitations with the other children. He filed a DSS claim that I had neglected the toddler because of a rash he had from where he had gotten Thrush which is very common in infants. DSS closed the case and found no neglect however the Father still refused to return the infant or allow visitations as court ordered.

I had been waiting on a court date, which got cancelled once, and then rescheduled, delaying my hearing, his lawyer counter suits me for SOLE custody! We have a three day trial this June for a Permanent hearing. He has been allowing me see the kids at a Family Center to which I have to pay money for. He basically keeps claiming that professionals advised him that he not allow me unsupervised visiting. However, these professionals have no names, or to be blunt they simply don't exist. I have re-married as of April 15th to an officer, and I have taken parenting classes (NOT court ordered but voluntarily) and see the children regularly routinely every other Sat and every other Wed. My ex-husband got primary custody in the beginning b/c I didn't have an attorney, poor at representing myself, and didn't have a solid support system.

Is it possible that although the children are doing okay in school, and health wise appear to be fine, that I could still have a chance of getting primary physical custody simply because of his actions? He is a narcissist person, very abusive and controlling (sneaky & malicious), he literally carries a bible everywhere, and can cry on queue. Its that bad, I am at the near end of my rope with this man. Just in case anyone is wondering "my tag name matthew02 is the middle name of my son and he was born in Feb."

It sounds like Dad is punishing you for accusing him.

It's usually an uphill battle to change primary custody. Do you have an attorney?
 

matthew02

Junior Member
Yes

Yes I have an attorney now however I feel the system is broken and only works for rich and famous. He is being vindictive obviously, however the child whom made the accusation also told the therapist to whom he takes them to see who is also a family friend of his. The therapist first claimed she couldn't ignore it especially since she had the child confront the father in her office during a session, but then the therapist didn't report it. I remember my daughter telling me that the woman just looked at her like she didn't believe her. The Father didn't deny just simply stated that he didn't recall ever doing it. Also, a point I failed to mention is he is on disability for mental illness. I just feel like no matter what evidence I produce he will continue to get his way, and the children will continue to suffer. I just feel so helpless for my children. He had nothing to do with them before we separated, he is only using them for child support, food stamps, and to continue to abuse me for leaving him.
 

Ohiogal

Queen Bee
Yes I have an attorney now however I feel the system is broken and only works for rich and famous. He is being vindictive obviously, however the child whom made the accusation also told the therapist to whom he takes them to see who is also a family friend of his. The therapist first claimed she couldn't ignore it especially since she had the child confront the father in her office during a session, but then the therapist didn't report it. I remember my daughter telling me that the woman just looked at her like she didn't believe her. The Father didn't deny just simply stated that he didn't recall ever doing it. Also, a point I failed to mention is he is on disability for mental illness. I just feel like no matter what evidence I produce he will continue to get his way, and the children will continue to suffer. I just feel so helpless for my children. He had nothing to do with them before we separated, he is only using them for child support, food stamps, and to continue to abuse me for leaving him.

Good that you have an attorney. Rely on that attorney. No one here is going to second guess that person. You can feel whatever you want but I have won many cases for indigent clients. And how is your ex RICH AND FAMOUS?
 

Silverplum

Senior Member
Yes I have an attorney now however I feel the system is broken and only works for rich and famous.
I disagree, but that is neither here nor there.

matthew02 said:
He is being vindictive obviously, however the child whom made the accusation also told the therapist to whom he takes them to see who is also a family friend of his. The therapist first claimed she couldn't ignore it especially since she had the child confront the father in her office during a session, but then the therapist didn't report it. I remember my daughter telling me that the woman just looked at her like she didn't believe her. The Father didn't deny just simply stated that he didn't recall ever doing it.
I think that having the child in counseling is a good thing, but I don't know that this particular counselor is the best one. What can you do to take the child to a different counselor?

matthew02 said:
Also, a point I failed to mention is he is on disability for mental illness.
That doesn't make him an unfit parent.

matthew02 said:
I just feel like no matter what evidence I produce he will continue to get his way, and the children will continue to suffer. I just feel so helpless for my children. He had nothing to do with them before we separated, he is only using them for child support, food stamps, and to continue to abuse me for leaving him.
A huge problem is that he already has primary custody. You have a legal mountain to climb to overcome that.

You do have an attorney, and I very much agree with "our" family law attorney Ohiogal's advice that you listen to your own attorney.
 

matthew02

Junior Member
This Counselor is defantley one sided

North Carolina: I went to the Sheriff Department this past weekend and asked them to enforce my orders. I sat down with a Deputy and the Sheriff's Assistant, they in deed enforced it. So I get my visitations with the oldest children and custody of smallest child back and after visitation I return the oldest three as court orders say. The very next day my ex goes to this therapist and she writes a recommendation letter stating I should have supervised visitations until we go back to court. She calls me and asks me what happen and what my intentions were. I told her I had the law enforce my court orders and that my intent was to follow the orders. She didn't inform me that my ex was sitting in the room with her in a so called session. I learned this after reading her letter. I had to pick up the letter up because not only didn't she inform me of it, but she excluded me from the session. She told me she needed copies of the orders, and that I needed to get up with my ex to let him know about visitation arrangements'. I follow the court orders and allow visitations and bam he takes the child again and won't return him. I go back to the Sheriff's office but this time they can't enforce the orders because this therapist recommended I have supervised visitation. In my orders it does state to follow all recommendations of the therapist. I want this therapist out of my life and my kids life, I have made a complaint to her supervisor once, she is actually a Licensed Clinical Social Worker. I have proof that they go to the same social commune and that she is friends with his family. Can I suit her? She writes these letters solely based off what my ex tells her and they are damaging my case. Such as in her letter it states that I was substantiated for neglect but I haven't. She is giving false information.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top