Legal Question in Family Law in North Carolina
Hi, I had a legal question regarding my Daughters mother. I have custody and the final decision making responsibility. I have had custody for approx 5 yrs..lived in the same town where my daughter goes to a K-12 public school. I gained custody after she attempted suicide and was diagnosed with personality disorders and prescribed medication. She then moved to another state for approx 6 months. We never went to court but had to mediate where she agreed to the terms of my custody and final decision making responsibility. She gets visitation every other weekend. My daughter continually is emotionally and mentally beat down. Simple phone calls can reduce her to sobbing hysterically. There are continual mind games and feeding of negative language against me and family. It is very stressful to us all ..most of all my daughter who is 9. My ex is not destitute or living in squalor..she married a man approx 25 years her senior. They have a suitable home and there is no neglect in that sense. I honestly fear that all this detrimental mental abuse poses a long lasting phscycological effect on my daughter. We have tried to give the oppurtunity for a meaningful relationship but after years of false accusations, harassment and seeing the damage it is doing I see no other option. Do you think there is a case to limit the mothers visitation even further..? If so what emphasis will a judge be looking at the most or where do I need to focus my efforts? Thank you in advance.
1 Answer from Attorneys
Based on the facts as you presented them this is what I see - I see someone who is worried that their ex who use to be no threat at all due to mental illness may now be in a position to sue for custody - and she likely is if her 'sugar daddy' is willing to foot the bill. You likely need to focus more on documenting and attempting to stop the mental abuse and less on limiting visitation - that tactic has a tenancy to backfire. Consult with a local family law attorney who can asses your situation and lay out your options. As to what a Judge will do - their guiding principle is generally what is in the best interest of the child and cutting a parent out of the child's life or even limiting visitation is usually not in the child's best interest, absent a very very compelling reason - the things you have presented are not terriblly compelling at least not as you have presented them.
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