Articles Tagged with custody

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by Carolyn Woodruff, attorney

What is the best way to get your visitation suspended? Alienate your child or attempt to alienate your child from the other parent.

A case that was filed September 18, 2018, in the North Carolina Court of Appeals illustrates this tragic error on the part of the mother. See Sneed vs. Sneed. The plaintiff, the father, is Jason M. Sneed. The defendant mother is Charity A. Sneed. The case is originally from Mecklenburg County. I must admit, I find Charity an interesting name for the mother, given her conduct.

Father, learning of the mother’s adultery, served a complaint for child custody on the mother in North Carolina, and mother immediately removed the children to South Carolina against father’s wishes and cut off all conduct with the father. Father petitioned the trial court to grant a temporary and exclusive emergency custody order, which ordered the mother to return the children to North Carolina. Upon the mother’s return, the parties agreed between themselves to an alternating week of physical custody. When the mother continued to refuse to comply with the agreed-upon schedule, the father then filed a custody evaluation motion to have a psychologist look at this situation. This mother also homeschooled the children and the father alleged that she was alienating the children from the father and that the father’s relationship was continuing to deteriorate.

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by Leesa M. Poag, Attorney

We are officially in the midst of the best season of the year.  No, I’m not referring to the pumpkin-filled days of Fall.  I’m talking about football season.  But as we don our team colors and cheer on our favorite players, the on-field battles aren’t the only ones that family law attorneys are seeing this time of year.  As concerns about the long-term effects of head injuries from football continue to mount, we are beginning to see football leaving the locker room and heading to the courtroom.

Most parents would agree that extracurricular activities are beneficial for children of all ages.  They often provide the opportunity for exercise and allow for the development of skills like teamwork, perseverance, and hard work that will certainly serve the child well as he or she grows older.  Typically, the main dispute family law attorneys see regarding custody and extracurricular activities involve scheduling – can one parent sign the child up for an activity that will take place on the other parent’s custodial time, and vice versa.

But as the studies continue to emerge regarding concussions and traumatic brain injuries resulting from football, some parents are beginning to throw a flag on their children’s participation in the game.

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Carolyn Woodruff, J.D., C.P.A, C.V.A.

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, J.D., C.P.A, C.V.A.

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, J.D., C.P.A, C.V.A.

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 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

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Hello Carolyn,

I have a question regarding grandchildren who are in the custody of the grandparents.

Here is the scenario. My wife and I have legal custody of three grandchildren ages 13, 12, and 9.  We were granted legal custody by the court about 18 months ago.  Before that, we had been granted temporary custody of the children.  We have been given permanent custody because the parents cannot/will not take proper care of the children.  The father has a drug problem and has not completed court order drug rehab, nor has he presented us a drug test showing negative results.  There is a court order for child support, but he does not pay it.  He stays off the radar so Child Support Services can’t locate him.  The Mom is bipolar and refuses to take her medications and see her psychiatrist on a continuing basis.  The parents have minimum  contact with the kids

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Dear Readers, let me hear from you regarding prescription drug abuse and its effect on your family.  In the second Ask Carolyn today, I touch on the Sharon and Ozzy Osbourne divorce and Prince’s death.

Dear Carolyn,

I am a pilot going through a divorce.  My ex is holding my pilot log books hostage.  I have asked her nicely to please give me the log books, and she simply will not do so.  How do I get my log books back from here in this divorce? Does she have any “marital rights” in my log books?

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Dear Carolyn,

I share custody of our son with my ex-husband. Another school year is about the begin. I dread the issues with homework. As my son gets older and homework gets more important, there has to be something we can do as parents to make sure homework is both done consistently and turned in consistently. My ex is a little more concerned with fun at his house that homework, although he is a pretty good father. What are homework guidelines for sharing custody every other week during the school year?

Carolyn Answers…