Check out some similar questions!

okraqueen · Mar 14, 2011, 04:50 AM

I live in North Carolina and we were never married. We lived together for a short period and I have watched him deteriorate into total alcoholism. About 4 months ago he went to pick up his 2 little daughters from a previous marriage and him and their mother got into a fight. He assaulted her and now has an ex parte against him, and supervised visitation only until he completes some type of classes about alcohol, which he has refused to go to. I just don't want him to be able to pick up and take my child ANYWHERE at this point. Do I actually have to hire an attorney to get custody or can I go down to the courthouse and file? I have no idea what Im doing and very little money.

excon · Mar 14, 2011, 05:03 AM

Hello o:

If it was MY son, I'd spend every nickel I had to protect him. You may be able to do this without an attorney, but I wouldn't try.

excon

Fr_Chuck · Mar 14, 2011, 05:04 AM

First is there a custody order in place at all now ? Next a custody order does not mean he can't visit or even take the children for weekends and the such. Since in a custody order he is likely to get ( if he requests it) up to joint custody, or at least every other weekend, and a evening during the week.

So you are going to have to prove he is a threat to this child with evidence in court ( if he files or fights the court action you do)

So do you need an attorney, no, if you know how to do all of that. You may check out legal aid department for your area.

okraqueen · Mar 14, 2011, 05:14 AM

No, there's no custody order in place now, which is what scares me.

okraqueen · Mar 14, 2011, 05:15 AM

Doesn't the fact that he already had the order for supervised visitation with his other children help me?

excon · Mar 14, 2011, 05:28 AM

Originally Posted by okraqueen

Doesnt the fact that he already had the order for supervised visitation with his other children help me?

Hello again, o:

It might. But, at this point, I wouldn't be worried about WHAT I'd tell the judge.. I'd be worried about filing the RIGHT paperwork to make SURE that I SAW a judge absolutely as soon as possible. If you screw up the filing, you could DELAY your hearing by MONTHS. During that time, he CAN pick your/his son anytime he wants, and you can't STOP him.

excon