Articles Posted in Children

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Carolyn Woodruff

Dear Carolyn,

I reluctantly entered into a consent child custody order with the mother of my child in 2013. We were never married and never actually lived together. The child is now five having been born in 2011. I get visitation under the 2013 order, but the court never heard any evidence in 2013. We simply agreed. Now, I am very concerned this mother is unfit. She continues to smoke around the child who has asthma. She also has been charged with drug possession in both 2012 and recently. She will not let me have a relationship with my kid. She threatens to move out of state. There are things I need to tell the court about from the child’s birth until 2013 (date of current custody order), but my attorney says I cannot use the 2011 to 2013 evidence in my motion to modify custody. I want primary custody with the mother having supervised visitation. Is there any way I can present the proof of what this mother was like from 2011 to 2013? I think the mother of my child is unfit. What can I do?

– Worried about unfit mother

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Carolyn Woodruff

Dear Carolyn,

I am the father of two children, ages 10 and 12.  The mother of the children lives in West Virginia, where she moved after our divorce. The children were born and always have lived in North Carolina. The North Carolina order for custody allows the children to travel to West Virginia for 5 weeks in the summer. Last year the mother did not return the children when she was supposed to at the end of the summer, and the court here held mother in contempt. She filed for custody in West Virginia last summer claiming fictitious abuse of one child, but that case in West Virginia was dismissed. Then, I got them back. I heard that this might be kidnapping under some federal law. Can you explain kidnapping and whether I have any right with regard to kidnapping if this happens this summer?

– Frustrated and Looking for Options

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Carolyn Woodruff

Dear Carolyn,

I am a grandmother, and I want to help pay for the tuition for my grandchild’s day care and education at a nice day care facility.  Then, my daughter and son-in-law can work without worry.  They own their own business, and they both need to focus some quality time on the business, while maintaining my grandson as top priority.  My toddler grandson will benefit from the education and interaction with the other children at this particular day care, but it is darn expensive.  Should I give the money directly to my daughter or to the day care?  Is there a tax advantage one way or another?

           – Grandmother of the best grandchild ever…

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Dear Carolyn,

I am a father of a beautiful 8-year-old daughter and a handsome 10-year-old son.  I live here, but the mother lives in California.  The mother has custody, but the children will be visiting with me for the last two weeks of July and the first two weeks of August. While I don’t have much time given the distance between the mother’s house and mine, I really want to make the time count that I do have.  I can take two of the weeks off from work, but I have to work two of the weeks.  What suggestions do you have?

– Dedicated Dad

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Dear Carolyn:

My ex and I share the children fifty-fifty.  We have three children.  I make approximately $25,000 more than the other parent.  I pay child support even though I have them half the time.  Our child support order says nothing about who gets the dependency exemptions, and I get in a fight with my ex every year over the dependency exemptions.  Who should get the three dependency exemptions?

Carolyn Answers….

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Dear Carolyn,

I have a two year old daughter and the mother and I are facing a custody trial. The mother, in my opinion, has some mental disorders and has been treated for long-term depression. The mother breast fed, and mother and daughter are close.  I feel, however, that I am the better custodial parent.  Will the daughter’s age and sex keep me from being a custodial parent until she is older? Will the court listen to me, or am I just out of luck until my daughter is older?

– Dad

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Dear Carolyn,

My heart is broken. The mother of my children has bad-mouthed me so much and talked about our nasty divorce to the children so much that the children won’t talk to me or visit with me. She has poisoned their minds. What can I do?

Carolyn Answers….

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Hi, Ms. Carolyn

My wife and I need some advice. In 2009, we had to see a judge in a matter of a 50B taken out by my stepson’s father based upon alleged child abuse. The 50B judge said that we would revisit the 50B issue after DSS finished their investigation, but it was never resolved. The father of my stepson let him stay with us after it happened.  We waited a month, and the father’s lawyer withdrew. The Judge dropped the 50B case due to the father not moving forward with the 50B. I checked a box on a DSS form saying that I was not admitting any guilt with DSS.  DSS never did an investigation. DSS apparently found abuse in the home because a year before (2008) my wife got mad, and took out a 50B on me. My wife then dropped the 50B. Then, my stepson’s father got a hold of the 50B my wife filed and dropped and DSS went with the decision based on my wife’s 50B.  Can DSS base a case on my wife’s dropped 50B?

Carolyn Answers….

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Dear Carolyn,

My ex is all over Facebook about what she did with the kids during Spring Break. She apparently took some young woman with her to babysit so she could spend more time with her boyfriend on the Florida beach. She posted my little boy “buck naked” on the beach on Facebook. She posted her “babysitter—young woman” drinking beer with at least a dozen empty beer cans in the background. She posted a picture of her boyfriend and her entwined on the beach on a blanket. And to top it all off, she posted a picture of her new engagement ring from him, and we are not even divorced. I have filed for custody of the two children. She wants alimony. Are the pictures I downloaded from Facebook admissible? Can I make her remove the nude picture of my son as I am worried about perverts? Do these Facebook pictures help me in my quest for custody and no spousal support? I am frustrated with the whole process.

Dear Frustrated,

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Dear Carolyn,

I am a legally blind mother with a ten-year-old daughter. My daughter was just diagnosed with Juvenile Diabetes. Just prior to the diagnosis, my daughter had a fainting spell, and my neighbor called social services. Now, I have the Department of Health and Human Services at my door. They have threatened to place her in foster care if there is another fainting spell. The fainting spells happen when her blood sugar gets too low. What are my rights? Do I need a lawyer?

– Please help