Legal Question in Family Law in North Carolina

Visitation

I have custody of my 2-year old son in VA and his father has visitation with him every other weekend in Raleigh, NC. The father comes to VA to his mother�s home in Danville, VA and then to my mother�s home where I am living to pick him up. In the custody order the scheduled visitation is for the father and one of the rules states that neither party shall have a member of the opposite sex to whom he or she is not related spend the night with him or her during his/her physical custodial period. I believe my child�s father has a woman living with him and she must be there during child�s visitation. When I arrive to get my child her car is there. She also has her home mailing address the same as his. On the other hand he may be leaving my son at his mother�s in Virginia and he goes on back to Raleigh, NC that same day. Father�s mother then takes child to NC on Sunday so I then go to Raleigh to pick up my son to bring back home to VA that evening. Could his visitation be taken away from him if there is a woman living with him or if he is not spending any time with his son?


Asked on 7/10/04, 1:41 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Visitation

Maybe he is breaking the rules. Cohabitation is still technically illegal in North Carolina as well as in Virginia. But your complaint seems awfully petty and vindictive

to me. Do you really expect the guy to stay celibate forever, or to kick his girlfriend out every other weekend? Unless you have some real proof that the child is being mistreated, I doubt that you would get very far in court. But maybe the courts there in Danville will feel differently. You should consult a family law attorney in your local area to try and get his or her opinion on what your local court would do if given proof (i.e. videotape taken by a private investigator) that he is cohabiting during visits.

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Answered on 7/10/04, 5:14 pm


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