Legal Question in Civil Litigation in North Carolina
During a custody/visitation hearing the presiding judge concluded that my son did not have to or was not required to visit with me until he chose to. the issue is two or more fold. my son was six years old at the time of this judges ruling. there was no finding of wrong doing on my part but to the contrary the opposite was found. while i have a daughter (at the time 3 years old) by the same mother as my son, and the visitation was to continue as ordered. i (we) have spent a fortune combating proven (pas) parental alienation syndrome to which i have had to fear the ultimate allegation.
here is the question: is there any recourse that will help me recover monetary damages to help me regain control of my life? the option for me to pursue happiness has been greatly altered/deterred.
1 Answer from Attorneys
It is hard to answer with this information. North Carolina has provisions for you to get attorneys' fees if you prevail, but proving parental alienation is tough and men have more of an up hill battle in the South. Additionally, if your ex is financially worse off than you, it is very hard to get attorneys' fees. How old are your kids now and do you have visitation? What are the relative financial means of the parties? What has your attorney told you abou a motion for attorneys' fees? Are you able to prove bad faith by your ex, and do you have clear wins on the court record? If not, you may just have to cut your losses and move on. Sorry it is not better news, but family court is tough on men and financially usually a no win situation. Try to keep your relationships with your kids. In the end that is waht is most important. Please, send me more information, and I will try to give you a more acccurate answer. Good luck!
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