Legal Question in Family Law in North Carolina
Do I have rights? What can I do?
Mom of a 9 year old. He lives in NC with his dad. We never went to court for any kind of custody agreements. In the beginning we shared custody. Then things changed. He threatened me. I was scared and believed him. He hasn't let me be involved. The last time he ''let'' me see him, I begged for any type of contact and offered to give him $ every month. He said NO!that it wasn't in the best interest of our son. I didn't pursue anything because I didn't want to confuse my son, who didn't really know me. In the past year, I have had consistent contact with my son via email and weekly phone calls. I have established a relationship with him. He has expressed a desire to see me. I talked about this with my ex and he said not until I have proven myself by sending him an amount of $(he decided on) every month. I have a small (Avon) income. But, I have no problem paying $ for my son. I never have. But, the problem is my ex wants to make the rules and threatened to cut off contact with my son if I don't do what he says. Do I have rights? What can I do? I am scared of my ex. I do want what is best for my son. I just want to be a part of his life. He is doing this now that he knows that it is inevitable that my son wants contact with me.
1 Answer from Attorneys
Re: Do I have rights? What can I do?
You refer to the father as your "ex" but didnt mention if you were every married?..divorced? You seem to indicate that there are no court orders. If there are no orders or anything, then you have as much current right to the child as the father and no current obligation to pay support. If the child is in NC, then you will most likely need to go there. If there were any prior orders dealing with the child issued by any court in Texas, then prior orders controls until changed. YOu can file a motion to modify in that court to change the order. If the prior order gives you visitation rights and your ex is not giving them to you, then you can file a motion to enforce.
In any event, talk to an attorney in either your area or where the child is. Good luck
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