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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18835
Experience:  B.A.; M.B.A.; J.D.
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My sons situation has gotten worse. One of the problems is

Resolved Question:

My son's situation has gotten worse. One of the problems is financial. He has spoken with some attorneys in North Carolina but they wanted their money up front. He is unemployed at this time. He has injured his back and is facing surgery. He is more than willing to pay child support when he has income again. He is feeling hopeless. We know that in some state there are attorneys that will take a case pro bono, but we have not been able to find one in North Carolina. Do you have any suggestions for attorneys or what we can do. Also, as grandparents we have been told that we have no rights. It just doesn't seem right that we are kept from our grandchildren and are not even allowed to talk to them on the phone. We continue to call and leave messages but will not get answers. We want so much to see them for the holidays. We also know that they did not give them their birthday gifts that we sent. Don't feel like we can even send them their Christmas gifts in a package.
Submitted: 6 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 6 years ago.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

Question: My son's situation has gotten worse. One of the problems is financial. He has spoken with some attorneys in North Carolina but they wanted their money up front. He is unemployed at this time. He has injured his back and is facing surgery. He is more than willing to pay child support when he has income again. He is feeling hopeless. We know that in some state there are attorneys that will take a case pro bono, but we have not been able to find one in North Carolina. Do you have any suggestions for attorneys or what we can do.

 

Response 1: He needs to file Complaint/Motion for Modification of the Child Support Order and request that the Court reduce or modify the Child Support Order because of his financial hardship. The forms for filing for the modification are available at the Courthouse in the Clerk's office. The forms can also be downloaded online from the Court's website. The forms are self-explanatory. However, if he needs assistance completing the forms, he should ask the staff.

 

 

North Carolina Courts and Forms:

 

http://www.nccourts.org/Forms/Documents/262.pdf

 

 

http://www.nccourts.org/Support/FAQs/FAQs.asp?Type=14&language=1#252

 

 

He may also use the links below to find free legal services in North Carolina:

 

http://www.legalaidnc.org/public/learn/locations/

 

http://www.ncfreelegalhelp.org/

 

http://www.usattorneylegalservices.com/free-legal-aid-North-Carolina.html

 

http://www.legalaidnc.org/public/give/probono/

 

 

Also, as grandparents we have been told that we have no rights. It just doesn't seem right that we are kept from our grandchildren and are not even allowed to talk to them on the phone. We continue to call and leave messages but will not get answers. We want so much to see them for the holidays. We also know that they did not give them their birthday gifts that we sent. Don't feel like we can even send them their Christmas gifts in a package.

 

Response 2: As grandparents in North Carolina, you are entitled to visitation rights. However, these rights are not automatic. You have to petition the Court for the rights and the Court would make a decision based on what is in the best interests of the child. See North Carolina General Statutes Section 50-13.2. The forms for petitioning for visitation rights are also available at the Courthouse in the Clerk's office.

 

Customer: replied 6 years ago.
Thank you, XXXXX XXXXX very helpful. Another part of my question was do you know any one in NC who would be willing to work with my son either pro bono or work on some kind of payment options. He is feeling desperate to see his children. There is no reason for them to keep him from having contact with them except for spite. The mother of the children told him that if he got married that she would not let him see his children again. He is now married. Does he stand a chance in just filing a petition for visitation without an attorney? It seems that the fathers always have the most difficult time in getting any custody.
Expert:  Phillips Esq. replied 6 years ago.

Thank you, XXXXX XXXXX very helpful. Another part of my question was do you know any one in NC who would be willing to work with my son either pro bono or work on some kind of payment options.

 

Response 1: Unfortunately, I do not know anyone personally in NC who can work on pro bono or reduced fee basis. The links that I previously provided you regarding free legal services in North Carolina should be a good place to start.

 

He is feeling desperate to see his children. There is no reason for them to keep him from having contact with them except for spite. The mother of the children told him that if he got married that she would not let him see his children again. He is now married. Does he stand a chance in just filing a petition for visitation without an attorney? It seems that the fathers always have the most difficult time in getting any custody.

 

Response 2: Yes, he has a chance. However, he needs to show the Court that he is a good father and wants to spend some quality time with his children. In visitation/custody cases, the Court would make a decision based on what is in the best interests of the children by looking at the living arrangement of the parties, their lifestyles, associations, parenting skills, etc. If the Court finds after reviewing these factors that your son should get visitation, then the Court will give him some time to see his children. Otherwise, he would not get any visitation.

 

Goodluck with the case.

 

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