Legal Question in Family Law in North Carolina
My son's father has never seen the child nor attempted to try to see him. As it turns out he was sleeping with another woman who knew about me & the baby during the majority of my pregnancy. I left him when I was 7 months pregnant while he sat by & watched me 7month pregnant with his little boy lift & carry heavy things out of the home. His new girlfriend knowingly participated in this relationship thus, I feel that says a lot about her character and what she may teach my son. I was told in North Carolina that I have to file for custody even though I am the only one on the birth certificate. So I hired an attorney. My ex showed up in the court & ask for a continuance he got one for 30 days to retain counsel so now two days before the hearing he has JUST retained counsel and is going to be granted 30 more days. In this custody agreement, is there a way to keep the woman who I do not know away and assure that my sons time is just between him & his dad? Also, he hit me when I was 6months pregnant & a bystander called the police, his home is unfit (no heat, air, urine stains feces stains in floor, soot on walls from karosene heater, unstable stairs to basement, septic tank backing up, plumbing problems, basement floods and there is mold and rats, house is also infested with bugs) please can someone give me my options. My attorney does not seem to concerned and at times he seems to almost be looking after the fathers interest & not mine & my sons. We live two hours apart now and I feel that all the father will do is bad mouth me and put my son into questionable situations. What is the minimum visitation that can be granted and still receive support?
1 Answer from Attorneys
"My attorney does not seem to concerned and at times he seems to almost be looking after the fathers interest & not mine & my sons." That statement alone says almost everything about your case. Don't be too hard on your attorney, I suspect you would have this opinion of any attorney you hire. We do our best to be sympathetic but we hear the scenario you are complaining about A LOT and in the extremely vast majority of cases, the complaints are baseless, exaggerated at best, if not out right untrue and often simply due to bitterness. Because the father has not been in the child's life, your concerns about how things will turn out are all based on speculation. You should consider giving the visitation a good faith try and wait until there is a demonstrated reason to cry foul before attempting to limit visitation. To answer your question though, the minimum visitation that could be granted and you still receive child support is no visitation. I am curious as to why you are concerned about child support? If the house conditions are as you say they are - he has no money anyway!
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