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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 38801
Experience:  Retired (mostly)
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I would like some child custody council. I trust my current

Customer Question

Hello,
JA: Hello. How can we help?
Customer: I would like some child custody council. I trust my current lawyers process but I am seeking a confidential second opinion for confidence.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: North Carolina
JA: Has anything been filed or reported?
Customer: I currently am the plaintiff in a consent order signed by ex husband, due to his resent behavior or lack there of I have filled a motion in the cause.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am a strong business women that has been in a 10 year verbally abusive marriage and am looking for an outside opinion on my current lawyers direction.
Submitted: 6 days ago.
Category: Family Law
Customer: replied 6 days ago.
Hello yes to make a very long and painful story short I was in a 10-year marriage with the last four of in very painful with verbal abuse I finally saw Council and went to try to get an amicable separation divorce I went to tell him I wanted a divorce that same day he threatened to kill me so I filed a criminal charge on him had to hide away for 4 days with my children he finally turned himself in to the police not the police his lawyer turned him into the courthouse my attorney acted fast and got him to sign a consent order which turned over the house everything he got to keep his own money got things like that unfortunately well I was able to get him to take a psychological evaluation where he first had to have supervised visitation then he had every other weekend and then after 90 days he could go to every other week which I did not agree to initially but I thought since during our marriage he said he wanted to leave I thought he would just leave I was under duress and didn't want him to do it and I never thought he would do it 410 and a half months he has not practiced having every other week he does not have the adequate living conditions he is also behind on his child support so my attorney filed for a motion in the cause to keep the order that we are doing right now with my children the same where he has them every other weekend and I am just nervous that a judge is not going to keep it that way even though we have all the proven facts that he has not taken her or my children when he should have he has only had them 29 night set of three hundred days I have also made several attempts for him to see them on Sports occasions holidays and he has never taken them and now all the sudden that we file a motion now he wants to have them every other week I just cannot take it my heart is in knots my stomach is in knots because I just thought he would have left and I know that he doesn't want to take care of them and he can't with his job
Expert:  socrateaser replied 6 days ago.

Hello,

I have dealt with family law matters for several decades (many of them, my own). Courts are extremely reluctant to modify the status quo custody orders without proof that the parent with primary custody is affirmatively acting against the child(ren)'s best interests.

From what you describe, I cannot imagine how the other parent could possibly improve the current custody orders. There are simply no grounds upon which to do so.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Expert:  socrateaser replied 6 days ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Customer: replied 6 days ago.
Good morning yes hopefully they will keep the status quo of the visitation every other weekend as he has been utilizing he has never used his opportunity after 90 days to have her every other week when I mean that a full week on full week off so it's been like this for 10 and a half months that he's only had her every other weekend I am motioning to keep it that way because he is not being stable with his routine with her he decides when and if he wants to see her on the weekends but now all of a sudden that we file a motion in the cause he wants to automatically do what's in the order I'm just concerned I'm just hoping and judge sees what's have been going on for 10 and a half months and wants to keep it that way
Expert:  socrateaser replied 5 days ago.

Good morning.

I empathize with your concerns. In my experience, a non-custodial parent who does not take advantage of current orders to parent his or her child(ren) is almost certainly not going to receive new orders that will increase his or her parenting time.

I'm not sure why your attorney is affirmatively trying to modify the custody orders so as to make them more restrictive. My preference is to, "let sleeping dogs lie," because the longer the status quo remains, the less likely the court will grant a modification.

So, that's something that you may want to discuss with your lawyer -- because I'm sure that he or she has a rationale to support the show cause hearing at this time.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

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