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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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I am already divorced but have physical custody of our daughter

Resolved Question:

I am already divorced but have physical custody of our daughter for years. She and i live in NC now and my ex lives in AL now. We were divorced in GA. My daughter and i have been in NC for 2 1/2 years.
My ex has flown off the handle tonight and is being belligerent and abusive to both me and our daughter. My daughter is having a breakdown over his screaming at her. He is threatening court over a situation last year where I followed police orders to wait on bringing him in the loop-that he has now known about almost a year-and our daughter is fine now. But he feels wronged...tonight it started over him being asked to pay for half her prom dress!!???!!! I even had to call the detective involved in the situation last year because he is scaring me. Now he won't stop texting and calling me being belligerent. He wont apologize to her but, instead, suddenly informs her how i dont care about him at all and freaks her out by saying he now has Diabetes. Now she hates herself for being mad because she's such a sweetheart at the core. He says something about a custody battle, but she's about to turn 17, doesn't want to live with him, and he hasn't payed support in 2 1/2 years... He just keeps saying he'll see me in court, but I have no idea for what!
I'm honestly scared, at a loss, and have no idea what to do!!! He's gotten me concerned enough that I'm afraid he will pull an all-nighter and show up here unannounced. I need to know how to protect myself me keep this case in NC if it gets to that. Please help me.

Thank you for your time, I hope to hear from you quickly.

Alyssa S

Sent from my iPhone
Submitted: 1 year ago.
Category: Family Law
Expert:  Jack R. replied 1 year ago.

Thank you for using Just Answer. I am sorry to hear of your situation.

 

One of the easier things you can do if you wish to make sure that no action can be taken in Georgia is to domesticate or register the Georgia order in North Carolina. This gives North Carolina Jurisdiction over any changes to your divorce decree or custody order. It will make it more difficult for him to even start a modification proceeding. Since no party remains in Georgia you should not have any difficulty.

 

You should also be aware that your daughter at age 17 has the ability to indicate where she wishes to live. Your daughter's desires are not necessarily binding but they will be weighted heavily by the court. You should also know that a modification of custody is not easily undertaken unless some material change in circumstances has occurred. The courts need a reason to modify custody, not just the desire on the part of one party to change custody.

 

I don't know if the father has been ordered to pay support, if he has, you could indicate that any legal action will force you to enforce the existing support order including 2.5 years of arrear ages. Failing to pay ordered support is serious and can lead to jail time and suspension of ones driver's license. If he has not paid ordered support he should be more afraid of what you can do rather than what he can do.

 

If you are physically afraid of him based on the harassment you can file a lawsuit against him or get a restraining order against him in Alabama to prevent him from contacting you. The order could also be made enforceable in NC.

 

If you found this answer useful please press the appropriate quality of service button of 3 or greater. This is needed so I can get credit for my answer. If you have follow up questions please ask.

 

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information

Customer: replied 1 year ago.
Thank you! I have a feeling he will try to file ASAP. Do you happen to know how long it can take to domesticate those orders in NC?
Expert:  Jack R. replied 1 year ago.

You will need to file a petition to domesticate the Georgia Order. The petition will need to be served on the father. The court will hold a hearing if the father objects. The process can take a number of weeks depending on whether the father responds.

 

If you found this answer useful please press/select the appropriate quality of service button of 3 or greater. This is needed so I can get credit for my answer. If you have follow up questions please ask.

 

This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information

Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience: OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
Jack R. and 3 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you. I've determined that I can file an expedited order here. I will follow up with an attorney in town.

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