Have Legal Questions? Ask a Lawyer Now.
What do you mean by NCGS?
Since you are obviously talking about yourself and your ex, it would be easier to understand your facts if you would keep them either in the first person or the third person. When you mix them up it looks like more than 2 people are involved--or is that the case here?
North Carolina General Statutes . I need to know what laws my ex has broken in relation to the behaviors above, i.e. withholding visitation for the second time in relation to what that means in regards XXXXX XXXXX for a modification or change of custody, refusing to produce documents according to a discovery request and two subpeonas?
I am typing up a motion for change of custody based on these behaviors of my ex and want to refer to all laws that he applicably broke as a refusal to comply with procedure and court orders?
Good morning, I'm going to suggest that you do yourself a great favor, and retain an attorney to assist you. This is because none of the things that you are accusing your ex of doing will likely support your motion for change of custody. First of all, there are not laws to point to when you say that he has denied you visitation. Your motion will be based on his violation of the Order of the court---not the violation of a specific law or code. The failure to participate in discovery must be met by your Motion to Compel discovery. Until the court thereafter Orders the other party to provide the discovery requested, there is no violation of law--no contempt of court. Additionally, your ex's failure to abide by the court's Order of visitation is not grounds for a change of custody. Your response would be to petition the court to find your ex in contempt of court. The court could admonish, fine or jail your ex for the contempt--but unless the contempt continues for month after month--it is highly unlikely that the court would order a change in custody based on a few separate incidences of interference with your visitation rights. Keep in mind that it is the contempt that the court will punish. If you can haul him into court a dozen times for contempt--and each time the court punishes him--then you would have a reasonable chance to gain primary custody. I wish you well.
Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.
I retained an attorney for $30K and he continued the court case for a year and then dropped us when he realized he was in for a cat fight and would not return any of my money. I have been in this court battle for ten years, and I have won three of my own cases previously. It's just this time I am not only fighting mass corruption where my son and I, be verification from two other attorneys and one RPD Major, are not getting equal protection of the law, but I am going to be in a four day trial come February and where my ex continuously violates every statute and court order out there, I continue to fight for equal protection of the law for my son and I pro se. One attorney tells me that such violations are grounds for change of custody and you tell me they're not?! This is the second time of him being in contempt of visitation, he has lied under oath and he has been found with drugs in the past as well as abusing my son to the oblivian of the courts and CPS despite pictures of injury. We are in a very corrupt case and no attorney in this town will touch it for less than 60K now, and the one that would ripped us off to the point of extortion charging me for things he didn't do. Thanks but no thanks.
My ex has violated for the second time in regards XXXXX XXXXX 796 hours for a total of 996 hours! I have filed a motion to compel along with a motion for sanctions in regards XXXXX XXXXX My ex, in even minimally responding to Discovery has perjured himself therein, which I included in my Motion for Sanctions. As far as drugs and violence go, I have concrete evidence of both over ten years, but such is the corruption and conspiracy in this case, where even a Major of RPD admits that Corey and I have not had equal protection of the law or fair hearings, and where CPS SW have taken bribes in professional witness fees to lie under oath without evidence to such, and I intend to beat that horse again in this next court hearing December 14th. Thanks for your answers, I am taking it all in and learning as I go.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).