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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6536
Experience:  Family Law Attorney
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MY TWELVE YEAR OLD SON LIVES WITH ME. MY EX-WIFE AND I HAVE

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MY TWELVE YEAR OLD SON LIVES WITH ME. MY EX-WIFE AND I HAVE A JOINT CUSTODY AGREEMENT WHER E PRIMARY PLACEMENT WAS WITH HER BECAUSE HE WAS A INFANT AT THE TIME OF THE AGREEMENT. MY EX-WIFE HAS SEVERE MENTAL HEALTH ISSUES. SHE CALLED MY SON THIS AFTERNOON AND BASICALLY ASKED HIM TO REMEMBER HER BECAUSE SHE WAS GOING TO COMMIT SUCIDE. HE BECAME HYSTRICAL AND WAS SOBBING. THIS HAD A VERY GRAVE EMOTIONAL IMPACT ON HIM. HE IS FRIGHTENED AT THE THOUGHT OF GOING BACK TO HER HOUSE WHICH IS EVERY WEEKEND. I AM ALSO CONCERNED AT THE THOUGHT OF HIM GOING BECAUSE SHE MIGHT HARM HERSELF OR HIM. WHAT CAN I DO. I LIVE IN NORTH CAROLINA.

LADY LAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you today. Please give me a moment to review your question and to answer you.
LADY LAWYER : So sorry to hear you two are going through this.
LADY LAWYER : You are going to need to file an ex parte motion for emergency custody. You can do this down at the court house that has current jurisdiction over the child support issues. If the court that initially entered the custody agreement still has jurisdiction, then that is where you will need to file.
LADY LAWYER : An emergency motion should be heard within a few days. I would consider keeping your son with you until the hearing, even if it happens to go into her weekend for custody. Your number one priority is to protect your son, even if that means she carries through on her threats because of it.
LADY LAWYER : If you have any further questions about this, I am of course more than happy to keep assisting you. If not, please consider leaving me an excellent service rating as the rating system determines our employ with the site. If you need anything further at all, please reply before you consider a negative rating. Thank you!
Customer:

So if i understand it would have to be in the same county where the original custody and child support hearing was. I was hopeing that would not have to be. The mother years ago in 2002-2004 repeatedly accused me of sexual abuse of our son in a effort to gain full custody. To make a long story short it cost me roughly ten thousand to fight this and two years of his life missed. This created a large file with the local dss. I was found innoccent and my joint custody rights restored. This county however is extremely backward and the local circuit of judges openly display a contempt for fathers. Any ideas on how to combat this bias and work with the local dss ?

Customer:

The above described nightmare destroyed me financially. I have never truly recovered. It forced me into bankruptcy. I have severe reservations about dealing with these people given the open bias and ignorance i dealt with years ago. I do not know what state you are from but north carolina's family court system is still in the stone ages. I was hopeing to take my son to the local magristrate office and get a protective order for him because i learned that last night when the local sheriff department took her in for involuntary commit she made threats againest her mother, her daughter and my son. Would that work to get a protective order in my county? I do not want to involve dss untill i have to because of what my ex-wife did years ago. It created such a mess that they at first were going to put him in foster care.

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