Legal Question in Family Law in North Carolina
visitation and parental rights
I am the mother of a 4 yr old child that is the product of a date-rape. i got married right after my son was born to a man that wanted to be a father to my child. when my child was 6 mo old, his bio-father and grandmother sought visitation and got it . my child has always had a hard time dealing with the visits, so bad that he ended up in therapy. after the bio-father's refusal to attend the therapy with us so that he could be instructed as to the child's prescribed therapy, i refused to let him have any more overnight visits until he at least attended therapy. now he filed a motion that i'm in contempt of court. i am told i am looking at possible jail time, and paying his attorney fees which are upwards of $2000. i would hate to think that i would be thrown in jail for acting in the best interest of my child.
2 Answers from Attorneys
Show cause order for not allowing visitation
When a "show cause order" is issued it means that you are to appear before the court and explain your reasons for failure to abide by an order. If you convince the court that you were truly acting in the child's best interest, you will probably not be held in contempt. Parties to an action always ask for attorney's fees if there is a statute that provides that they COULD get them. That is the case here. If you are not found in contempt, you will not have to pay his attorney's fees. I strongly suggest that you retain an attorney to represent you. You will fare much better.
Child visitation by date-rape father
I'm afraid I don't have good news for you. When a court is involved, they decide "the best interests" of your child, not you. And when you don't follow the court's order, you most certainly can go to jail for contempt of court. Only if you can persuade the court that not visiting is in the child's best interest. Then THE COURT can change the order. Until then, you have to abide by it. You need an attorney. And he/she needs to be prepared to explain and document to the judge what is going on. Good luck!
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