Comments for NC Divorce & Family Law Blog – Rice Law, PLLC http://ricefamilylaw.com/blog NC Divorce & Family Law Blog – Rice Law, PLLC Sat, 04 Feb 2012 14:23:48 +0000 hourly 1 http://wordpress.org/?v=3.3.1 Comment on Grandparents’ visitation & child custody rights in North Carolina by Mark Spencer Williams http://ricefamilylaw.com/blog/2010/01/16/grandparents-visitation-child-custody-rights-in-north-carolina/comment-page-1/#comment-843 Mark Spencer Williams Sat, 04 Feb 2012 14:23:48 +0000 http://ricefamilylaw.com/blog/?p=26#comment-843 Generally in North Carolina after there is a child custody order in place, until one parent files a motion to modify custody, a grandparent cannot intervene for visitation. We always recommend you speak with an attorney about your specific situation. Generally in North Carolina after there is a child custody order in place, until one parent files a motion to modify custody, a grandparent cannot intervene for visitation. We always recommend you speak with an attorney about your specific situation.

]]> Comment on Grandparents’ visitation & child custody rights in North Carolina by Debra http://ricefamilylaw.com/blog/2010/01/16/grandparents-visitation-child-custody-rights-in-north-carolina/comment-page-1/#comment-842 Debra Fri, 03 Feb 2012 17:09:52 +0000 http://ricefamilylaw.com/blog/?p=26#comment-842 Recently my daughter and I have come to an impass about her forthcoming marriage and pregancy. She has given birth to two other children whom she does not have primary custody of. The older of the two children lived with me for a period of 4 years while she was suposedly getting her life together. Last year the father of the oldest child sued and got primary custody of the child with my daughter having visitation. Until recently I was allowed to see and speak to my grand-daughter. Since the forthcoming wedding has been a dore subject, my daughter has spoken to the custodial father and they have agreed to not let me see or speak to my granddaughter. Can I seek visitation with my granddaughter now that a custody determination, or is that a lost cause? Recently my daughter and I have come to an impass about her forthcoming marriage and pregancy. She has given birth to two other children whom she does not have primary custody of. The older of the two children lived with me for a period of 4 years while she was suposedly getting her life together. Last year the father of the oldest child sued and got primary custody of the child with my daughter having visitation. Until recently I was allowed to see and speak to my grand-daughter. Since the forthcoming wedding has been a dore subject, my daughter has spoken to the custodial father and they have agreed to not let me see or speak to my granddaughter. Can I seek visitation with my granddaughter now that a custody determination, or is that a lost cause?

]]> Comment on Grandparents’ visitation & child custody rights in North Carolina by Mark Spencer Williams http://ricefamilylaw.com/blog/2010/01/16/grandparents-visitation-child-custody-rights-in-north-carolina/comment-page-1/#comment-841 Mark Spencer Williams Sun, 29 Jan 2012 17:10:10 +0000 http://ricefamilylaw.com/blog/?p=26#comment-841 I assume the child lives in North Carolina? If so, talk with a NC licensed attorney so that he/she can get all the facts regarding this situation. In general, your nephew should be able to file an action for child custody/visitation even though he is in prison. Unless your sister and her husband (the grandparents) intervene in the custody action, they cannot seek visitation/custody unless both the mother and the father are unfit parents. This is a complicated area of law that depends heavily on the facts of a particular case. That is why they need to meet with an attorney so the attorney can gather all of the required facts to properly advise them. I assume the child lives in North Carolina? If so, talk with a NC licensed attorney so that he/she can get all the facts regarding this situation. In general, your nephew should be able to file an action for child custody/visitation even though he is in prison. Unless your sister and her husband (the grandparents) intervene in the custody action, they cannot seek visitation/custody unless both the mother and the father are unfit parents. This is a complicated area of law that depends heavily on the facts of a particular case. That is why they need to meet with an attorney so the attorney can gather all of the required facts to properly advise them.

]]> Comment on Grandparents’ visitation & child custody rights in North Carolina by dee http://ricefamilylaw.com/blog/2010/01/16/grandparents-visitation-child-custody-rights-in-north-carolina/comment-page-1/#comment-839 dee Sun, 29 Jan 2012 12:26:43 +0000 http://ricefamilylaw.com/blog/?p=26#comment-839 My nephew is in prison in NC. His son was born 4 months after his prison term began. His son is now 13 months old. The baby's mother now has another son (by another man)..this baby was born prematurely. The baby's mother reportedly is planning to move out of her mother's home and into a living arrangement with the father of her second child. What rights do my sister and her husband have as grandparents? My nephew is in prison in NC. His son was born 4 months after his prison term began. His son is now 13 months old. The baby’s mother now has another son (by another man)..this baby was born prematurely. The baby’s mother reportedly is planning to move out of her mother’s home and into a living arrangement with the father of her second child. What rights do my sister and her husband have as grandparents?

]]> Comment on Grandparents’ visitation & child custody rights in North Carolina by Mark Spencer Williams http://ricefamilylaw.com/blog/2010/01/16/grandparents-visitation-child-custody-rights-in-north-carolina/comment-page-1/#comment-837 Mark Spencer Williams Sat, 28 Jan 2012 23:59:03 +0000 http://ricefamilylaw.com/blog/?p=26#comment-837 Sounds like your lawyer helped you get back involved in your children's life (or you did an incredibly good job representing yourself). Follow your lawyer's advice, keep a journal, stay drug free, and take every opportunity to visit with your children. Sounds like your lawyer helped you get back involved in your children’s life (or you did an incredibly good job representing yourself). Follow your lawyer’s advice, keep a journal, stay drug free, and take every opportunity to visit with your children.

]]> Comment on Grandparents’ visitation & child custody rights in North Carolina by Mark Spencer Williams http://ricefamilylaw.com/blog/2010/01/16/grandparents-visitation-child-custody-rights-in-north-carolina/comment-page-1/#comment-836 Mark Spencer Williams Sat, 28 Jan 2012 23:53:07 +0000 http://ricefamilylaw.com/blog/?p=26#comment-836 Talk to an attorney licensed to practice law in the area where your niece lives ASAP. If she is in North Carolina and dad is involved in gang activity that subjects her to danger, there is a possibility that you or your parents could bring an action for child custody. If you can prove him unfit or that he has acted inconsistent with his constitutionally protected status as a parent, you have a case. ~Mark Talk to an attorney licensed to practice law in the area where your niece lives ASAP. If she is in North Carolina and dad is involved in gang activity that subjects her to danger, there is a possibility that you or your parents could bring an action for child custody. If you can prove him unfit or that he has acted inconsistent with his constitutionally protected status as a parent, you have a case.

~Mark

]]> Comment on Grandparents’ visitation & child custody rights in North Carolina by Baker http://ricefamilylaw.com/blog/2010/01/16/grandparents-visitation-child-custody-rights-in-north-carolina/comment-page-1/#comment-835 Baker Thu, 19 Jan 2012 18:25:09 +0000 http://ricefamilylaw.com/blog/?p=26#comment-835 me and my boyfriend has been together for 15yrs, we have 2 kids together and i have one that he has raised since he was 2. we had our kids taken from us due to drug addiction. 2kids were put in foster care the other was given to my mother-in-law, my boyfriends mother. she was given custody and promised when we got our stuff together that she would give him back. we went thru intensive livein drug treatment and got better. after a yr 2 kids were given back to us from dss and our case was closed. we never took his mother to court bc of the heart ache it would cause the entire family and bc we concidered there emotions over ours. we live in nc and they live in wv they always have. we have always went in every month to see him, has always been in his life on a regular basis. he calls me mom and him dad and the grandparent that has him he calls nana. well after 5yrs we have always wanted him back but bc nana is very weathly we were very intimidated by her and her threats, when she was angry with us she would deney us visits, our visits were at her descretion so we had to play by her rules at all times just to see him. after 5yrs of just being beaten up by her rules emotionally and mentally we could not take it anymore. we have tried talking with her about a legal visitation schedule or custody back into our home and she will not discuss it with us. finally we took her to court here in nc bc we were not given a visiation schedule here in nc 5yrs ago, so they heard our case. she has fought us all the way, we got once a month visitation 5wks in the summer here in nc(we never had that before) only 1wk a year before. the courts were on ourside, we had to prove our self to dss, we had to provide random drug screenings which were all negative. she is very angry at us for doing this. now we have a actual visitation order to where she cannot munipulate our visits anymore. MUCH BETTER THIS WAY. but she is still given us a hard time and trying to make it a living hell for us. we want more time and we would love for him to come live with us. he has a awesome relationship with his brother and sister. his nana is a RN and works all the time. i am a stay at home mom and my husband makes a very good imcome at about 18.00 per hour. we have 3 cars and own everything we have. we live pretty good. he loves coming here to visit and really wants to be with us. what can we do to get him back and do we have a chance. the nana keeps bringing up our past and tells everyone that we are aweful ppl. she has even called dss on us several times which has never led to anything but a unfounded statement. she is literlly making our life a living hell and we sincerly dont feel that her home is best for our child, only because she is not sensetive to his emotions around this, and bc she lies and munipulates everything. but she has everyone fooled into thinking she is a christian person that everyone loves and that is good. please give us advice on what to do and what you think is best for our family and other kids involved. thanks me and my boyfriend has been together for 15yrs, we have 2 kids together and i have one that he has raised since he was 2. we had our kids taken from us due to drug addiction. 2kids were put in foster care the other was given to my mother-in-law, my boyfriends mother. she was given custody and promised when we got our stuff together that she would give him back. we went thru intensive livein drug treatment and got better. after a yr 2 kids were given back to us from dss and our case was closed. we never took his mother to court bc of the heart ache it would cause the entire family and bc we concidered there emotions over ours. we live in nc and they live in wv they always have. we have always went in every month to see him, has always been in his life on a regular basis. he calls me mom and him dad and the grandparent that has him he calls nana. well after 5yrs we have always wanted him back but bc nana is very weathly we were very intimidated by her and her threats, when she was angry with us she would deney us visits, our visits were at her descretion so we had to play by her rules at all times just to see him. after 5yrs of just being beaten up by her rules emotionally and mentally we could not take it anymore. we have tried talking with her about a legal visitation schedule or custody back into our home and she will not discuss it with us. finally we took her to court here in nc bc we were not given a visiation schedule here in nc 5yrs ago, so they heard our case. she has fought us all the way, we got once a month visitation 5wks in the summer here in nc(we never had that before) only 1wk a year before. the courts were on ourside, we had to prove our self to dss, we had to provide random drug screenings which were all negative. she is very angry at us for doing this. now we have a actual visitation order to where she cannot munipulate our visits anymore. MUCH BETTER THIS WAY. but she is still given us a hard time and trying to make it a living hell for us. we want more time and we would love for him to come live with us. he has a awesome relationship with his brother and sister. his nana is a RN and works all the time. i am a stay at home mom and my husband makes a very good imcome at about 18.00 per hour. we have 3 cars and own everything we have. we live pretty good. he loves coming here to visit and really wants to be with us. what can we do to get him back and do we have a chance. the nana keeps bringing up our past and tells everyone that we are aweful ppl. she has even called dss on us several times which has never led to anything but a unfounded statement. she is literlly making our life a living hell and we sincerly dont feel that her home is best for our child, only because she is not sensetive to his emotions around this, and bc she lies and munipulates everything. but she has everyone fooled into thinking she is a christian person that everyone loves and that is good. please give us advice on what to do and what you think is best for our family and other kids involved. thanks

]]> Comment on Grandparents’ visitation & child custody rights in North Carolina by Mark Spencer Williams http://ricefamilylaw.com/blog/2010/01/16/grandparents-visitation-child-custody-rights-in-north-carolina/comment-page-1/#comment-834 Mark Spencer Williams Wed, 18 Jan 2012 13:00:16 +0000 http://ricefamilylaw.com/blog/?p=26#comment-834 She needs to act sooner than later. She needs to hire an attorney to help her file an action for child custody ASAP! If she can't afford an attorney, a program like our <a href="http://www.ricefamilylaw.com/firm/vlo.htm" title="Virtual Law Office" rel="nofollow">Virtual Law Office</a>, would help her obtain the necessary paperwork that she could then file herself. Every day that passes with the children in his care will make it more difficult for her to get them back. So see an attorney ASAP or use the VLO. She needs to act sooner than later. She needs to hire an attorney to help her file an action for child custody ASAP! If she can’t afford an attorney, a program like our Virtual Law Office, would help her obtain the necessary paperwork that she could then file herself. Every day that passes with the children in his care will make it more difficult for her to get them back. So see an attorney ASAP or use the VLO.

]]> Comment on Grandparents’ visitation & child custody rights in North Carolina by Mark Spencer Williams http://ricefamilylaw.com/blog/2010/01/16/grandparents-visitation-child-custody-rights-in-north-carolina/comment-page-1/#comment-833 Mark Spencer Williams Wed, 18 Jan 2012 12:57:49 +0000 http://ricefamilylaw.com/blog/?p=26#comment-833 The NC Legislature enacted <a href="http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_50/GS_50-13.7A.html" title="NC Gen Stat 50-13.7A" rel="nofollow">N.C. Gen. Stat. 50-13.7A</a> which provides protections to military service personnel involved in a child custody dispute. I have included a link to the statute. You need to speak with an attorney as soon as possible. Depending on the wording of the court order, an agent may be able to make the transfers. If not, it may be possible to modify that order. Best wishes! The NC Legislature enacted N.C. Gen. Stat. 50-13.7A which provides protections to military service personnel involved in a child custody dispute. I have included a link to the statute.

You need to speak with an attorney as soon as possible. Depending on the wording of the court order, an agent may be able to make the transfers. If not, it may be possible to modify that order.

Best wishes!

]]> Comment on Grandparents’ visitation & child custody rights in North Carolina by Mark Spencer Williams http://ricefamilylaw.com/blog/2010/01/16/grandparents-visitation-child-custody-rights-in-north-carolina/comment-page-1/#comment-832 Mark Spencer Williams Wed, 18 Jan 2012 12:54:50 +0000 http://ricefamilylaw.com/blog/?p=26#comment-832 You should speak with an attorney licensed to practice in your jurisdiction. If this is in North Carolina and there is no child custody order in place, your daughter (the children's mother) probably needs an attorney and you need a different attorney. A custody order needs to be obtained as soon as possible. Your best course of action depends on several facts which are not indicated in the above post and that is why you need to speak with a lawyer ASAP. Good luck. You should speak with an attorney licensed to practice in your jurisdiction. If this is in North Carolina and there is no child custody order in place, your daughter (the children’s mother) probably needs an attorney and you need a different attorney. A custody order needs to be obtained as soon as possible. Your best course of action depends on several facts which are not indicated in the above post and that is why you need to speak with a lawyer ASAP. Good luck.

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