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lwpat, Attorney
Category: Legal
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Experience:  Actively practicing trial attorney
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What NCGS does a parent violate when they refuse or limit visitation

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What NCGS does a parent violate when they refuse or limit visitation access to a child that would warrant a change in custody? Also, this same parent is being hauled back into court, me representing myself pro se for the last ten years,for refusing to produce documents through discovery and ignoring two subpeonas to produce documents? What NCGS are violated in all these cases that would warrant jail and/or a change in custody?

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?

Customer: replied 7 years ago.

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,

Is there a custody/visitation order in place?
You say that he withheld visitation a second time. Was this for a day, a week---how much visitation time was lost. What was his argument for withholding it?

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.

Best regards,


Customer: replied 7 years ago.

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.

Good afternoon,

I'll opt out. I obviously can not provide a legal avenue for you to have a successful legal outcome I will, because I don’t have the ability to provide you with favorable law if it doesn't exist.

The reality is that a second violation of visitation provisions will not be grounds for a change in custody. I have known attorneys who for $30,000 will tell you just about anything--they'll put up a good fight and they will vigorously pursue your vision of what is just and fair. I prefer to be a pragmatist from the get go.

While you furiously argue both, that there has been a denial of the constitutional right to equal protection of the laws, as well as mass corruption, you list not one example of either.

The second time of being in contempt of a visitation order in 10 years is nothing spectacular and will not support a change of custody. You mention perjury, and drugs, and physical violence directed at your son. I'll take it that the perjury was not proved and that CPS did not find evidence of the abuse--at least to the extent suggested by you.

While I would like to be able to give you hope that you have a viable case for a modification of custody based on your statement of facts, I feel compelled to tell you that my understanding of the law, as well as the history of the courts in dealing with custody issues, lead me to believe that you are tilting at windmills here.

As I said, I will opt out, as I sense that I cannot please you, and I suspect that is all that you are truly seeking here.

I wish you and your son well.

Here I have to agree mostly with the previous expert. The person is not violating a statute, they are violating a court order. The court order is based on your Constitutional right as a parent to have a relationship with your child.

If he has not complied with a valid request for discovery or subpoena, you have to file a Motion to Compel. In addition you should have requested that the court order discovery. The right to discovery is not necessarily automatic without an order from the court allowing dixcovery. Therefore he could simply ignore the requests. Without a Motion to Compel he can continue to ignore them. Here you should also file a Motion to Compel and ask that it be heard at the same time provided that there is an order of discovery. If not you can file a Motion for Discovery.

I disagree somewhat that the contempt is not grounds for a change in custody. You still have to make a showing that the change is in the best interests of the child. However, one of those elements is which parent will best forster a relationship between the child and the other parent.

Here it is not laws that he has broken but a court order. In your motion for a modification of custody you do not have to list laws or go into a lengthly discussion. You do have to give an outline of why it would be in the childrens best interests. Here you may want to sit in on several court hearings and also get the files from several other cases from the clerk of court to use as a guide.
lwpat, Attorney
Category: Legal
Satisfied Customers: 25387
Experience: Actively practicing trial attorney
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Customer: replied 7 years ago.

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.

Good luck. Be sure to sit in on some trials. Watch and learn.