visitation

[blkmrideon22s]

What is the name of your state? nc

i have been seperated from my wife for almost 2 years now. we have never had a seperation agreement. during the time that we have been seperated she is not allowing me to see our son. i have tried many times to have visition with him but If i go over to her house and her mother threatens to call the police and forces me to leave with out seeing our son. i have tried to call and speak to him but she will not answer the phone. i havn't seen my son in 2 years because of her. so right now i don't have the money to get a divorce. so what can i do? i live in nc! plz help i just want to see my son

 

[Grace_Adler]

You can file for a divorce yourself based on 1 year seperation. It costs about $60 for the filing fees but you need someone to draw up your divorce papers. Sometimes you can hire a paralegal to do it for a low cost.

In it, you need to include a custody arrangement, chances are you will only get joint legal with her having primary physical because most judges in NC will not recognize or rule on joint physical.

In the visitation order, you need to be very specific. You need to include visitation pick up and drop off times, pick up and drop off points, how long a party must wait for the other, how much notice to give if someone can't make it, make up visitation time if visits are missed, phone contact, maybe email contact, not being able to move the child a certain distance out of the county, and other things like that. If you live close enough, you might be able to include the first right of refusal.

For more info on custody and visitation, go to www.deltabravo.com

If you need any forms go to www.nccourts.org

Is there a child support order in effect? If not, that will need to be included in there as well. You can view the NC guidelines at www.ncchildsupport.com also www.dhhs.state.nc.us/dss/cse/cse_hm.htm
For NC laws on visitation and cust....nc.us/gascripts/Statutes/StatutesTOC.pl?0050[/url]

Once you have a court order, if she fails to follow it, you can take her to court for contempt. As of right now, no one has custody of your child.

I just remembered. You can also call the NC State Bar Referral to get a consult with a family law attorney for no more then $30 the number is 1-800-662-7660.

 

[Charleee]

As of right now, no one has custody of your child.

I'd certainly hope SOMEONE has custody of this child.

If these people are not divorced or even legally separated, then would they not BOTH be considered custodial parents and OP have an established legal right to see and/or communicate with the child?

 

[Grace_Adler]

As it was explained to me by several attoneys in NC, no one has custody without a court order stating so when 2 people are married or divorced. And yes, sometimes divorces do go through without custody, visitation or child support ever being addressed.

If he were to get the child, he has just as much right to keep the child as she does but he can not force her to let him see the child. In fact, if she wanted take the child, move and never let him see the child, there is nothing he can do, until he has a court order and vice versa.

Now, if she were to go to CSE and get child support, they would use the worksheet for sole custody for her because they don't go by custody orders, they go by how long the child lives with you during the year.

I suppose the child would just be considered to be in her care, meaning she is the caregiver right now.