Legal Question in Family Law in North Carolina

Child Custody Visitation

My wife has alleged false allegations of domestic violence against me.

I immediately filed for divorce and requested child custody of my two girls ages 2 and 5 years.

My spouse finally consented to a court order to allow me to see my girls in March 98. She has not allowed me to see my girls since October 97 when I was ordered to vacate my home.

I have been struggling to fight the system to see my girls every since she took out a restraining order against me.

My question is that she has not complied to the order, which states that I should have the girls every other weekend. However, she has not kept up her part of the bargin.

What are my legal rights to enforce her to abide by the law?

Can I have her arrested? If so, what will be the incarceration period?

Asked on 4/28/98, 8:42 am

1 Answer from Attorneys

Donald Gillespie Attorney at Law

Domestic Question in NC

"Have her arrested..." probably not. What crime has she done? I do not understand the sequence or the time frame in your facts. Looks like this has been going on for a while. The court may have ruled a long time ago that grounds existed for entry of the 50-B order and then extended teh 50-B for an additional year?Looks like wife has legal custody of the girls under court order. Your recourse is to Motion her back into court for review of custody order. Remember custody adn support orders are under the court's continuing jurisdiction until children reach 18 or grad from HS whichever is later. Court will always say that payment of support is separate question from visitation, but almost every time dad slows down on paying mom slows down on visitation. You do, however, have a right to visitation so long as no court has ruled that such visits were not in the best interests of the minor children. Good luck.

Read more
Answered on 5/21/98, 1:25 pm

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in North Carolina