Child Custody Dispute

[thechadv1]

What is the name of your state (only U.S. law)? North Carolina
- My ex-wife and I created a divorce decree/ parenting plan upon divorce in December of 2014.
- The part of the decree in question for this matter is the schedule of when our children (5, 4, and 2) would be at either parent's home.
- The original agreement had the children staying at the mother's home Mon-Fri and at my home on the weekends.
-This agreement was signed by both parties and notarized
- In March of 2015, a new schedule was agreed upon, essentially splitting the time 50/50; 2 set nights a week at each parent's home and alternating weekends.
- This was agreed upon via email between myself and the mother.
- I drafted the schedule and it has been adhered to through until now - over 14 months.
- The ex-wife is now attempting to change the schedule back to the original schedule set forth in the original decree, has arbitrarily set a date of June 3rd as to when it will go into effect, and I have stated I will not concede.
- I was notified by a male "friend" of hers and he stated he had be "retained" by her as her legal counsel.
- This friend is a practicing lawyer, but he lives in Indiana and practices business law.
- We, both parents, currently live in North Carolina and have since before marriage and neither of us has lived outside of NC at any point following the divorce.
- I asked that all communications should be in written form regarding this matter so that I may have it documented should I have to retain legal counsel.
- Her supposed counsel has reached out to me on multiple occasions via both text and phone, to which I have not responded or answered.
- I was given an arbitrary deadline of today, actually, at noon, after which time they will take legal action if I do not comply.
- At this point, they have not stated exactly what kind of actions they may take.
- I have simply stated I would not concede to the return to the old schedule, but I have not actually done anything to hinder the process, like holding the kids from her or anything of the sort.
- I have a few questions about this I would like to get answered before I retain counsel:
1. Can they actually do anything from a legal standpoint?
2. Can he serve as her retained lawyer being only licensed in another state and should he be contacting me as her lawyer?
3. Frankly, is there even a case here and do I even need legal representation?

Thank you for your time.

 

[Ohiogal]

What is the name of your state (only U.S. law)? North Carolina
- My ex-wife and I created a divorce decree/ parenting plan upon divorce in December of 2014.
- The part of the decree in question for this matter is the schedule of when our children (5, 4, and 2) would be at either parent's home.
- The original agreement had the children staying at the mother's home Mon-Fri and at my home on the weekends.
-This agreement was signed by both parties and notarized
- In March of 2015, a new schedule was agreed upon, essentially splitting the time 50/50; 2 set nights a week at each parent's home and alternating weekends.
- This was agreed upon via email between myself and the mother.
- I drafted the schedule and it has been adhered to through until now - over 14 months.
- The ex-wife is now attempting to change the schedule back to the original schedule set forth in the original decree, has arbitrarily set a date of June 3rd as to when it will go into effect, and I have stated I will not concede.
- I was notified by a male "friend" of hers and he stated he had be "retained" by her as her legal counsel.
- This friend is a practicing lawyer, but he lives in Indiana and practices business law.
- We, both parents, currently live in North Carolina and have since before marriage and neither of us has lived outside of NC at any point following the divorce.
- I asked that all communications should be in written form regarding this matter so that I may have it documented should I have to retain legal counsel.
- Her supposed counsel has reached out to me on multiple occasions via both text and phone, to which I have not responded or answered.
- I was given an arbitrary deadline of today, actually, at noon, after which time they will take legal action if I do not comply.
- At this point, they have not stated exactly what kind of actions they may take.
- I have simply stated I would not concede to the return to the old schedule, but I have not actually done anything to hinder the process, like holding the kids from her or anything of the sort.
- I have a few questions about this I would like to get answered before I retain counsel:
1. Can they actually do anything from a legal standpoint?
2. Can he serve as her retained lawyer being only licensed in another state and should he be contacting me as her lawyer?
3. Frankly, is there even a case here and do I even need legal representation?

Thank you for your time.

File in court to modify the schedule to what you have been doing for 14 months. Because as long as you agree, the court order doesn't need followed but mom no longer agrees. So therefore, you need to have the court modify the court order or the old order is still in place. Ask her counsel if he is licensed in North Carolina or check with the North Carolina Supreme Court to find out if he is licensed there. If not, file an ethics complaint in NC against him for the Unauthorized practice of law. He should not be "representing her" if he is not licensed in NC. And no, he should not be contacting you stating he is her lawyer.

 

[LdiJ]

What is the name of your state (only U.S. law)? North Carolina
- My ex-wife and I created a divorce decree/ parenting plan upon divorce in December of 2014.
- The part of the decree in question for this matter is the schedule of when our children (5, 4, and 2) would be at either parent's home.
- The original agreement had the children staying at the mother's home Mon-Fri and at my home on the weekends.
-This agreement was signed by both parties and notarized
- In March of 2015, a new schedule was agreed upon, essentially splitting the time 50/50; 2 set nights a week at each parent's home and alternating weekends.
- This was agreed upon via email between myself and the mother.
- I drafted the schedule and it has been adhered to through until now - over 14 months.
- The ex-wife is now attempting to change the schedule back to the original schedule set forth in the original decree, has arbitrarily set a date of June 3rd as to when it will go into effect, and I have stated I will not concede.
- I was notified by a male "friend" of hers and he stated he had be "retained" by her as her legal counsel.
- This friend is a practicing lawyer, but he lives in Indiana and practices business law.
- We, both parents, currently live in North Carolina and have since before marriage and neither of us has lived outside of NC at any point following the divorce.
- I asked that all communications should be in written form regarding this matter so that I may have it documented should I have to retain legal counsel.
- Her supposed counsel has reached out to me on multiple occasions via both text and phone, to which I have not responded or answered.
- I was given an arbitrary deadline of today, actually, at noon, after which time they will take legal action if I do not comply.
- At this point, they have not stated exactly what kind of actions they may take.
- I have simply stated I would not concede to the return to the old schedule, but I have not actually done anything to hinder the process, like holding the kids from her or anything of the sort.
- I have a few questions about this I would like to get answered before I retain counsel:
1. Can they actually do anything from a legal standpoint?
2. Can he serve as her retained lawyer being only licensed in another state and should he be contacting me as her lawyer?
3. Frankly, is there even a case here and do I even need legal representation?

Thank you for your time.

Just to be a little clearer. Legally, mom has every right to enforce the original court order. It stands until you take it back to court to have it modified. Since you have been doing the 50/50 schedule for over 14 months, that is status quo, so the odds very much are in your favor if you take it back to court. Unless of course there are things that you are leaving out of the story.

Mom's business law lawyer friend is used to forcing people to settle business conflicts to avoid court...so he is using those same tactics on you. However, since he clearly knows very little about family law he is actually threatening when he is not operating from a position of strength. Otherwise, he would realize that the odds very much are in your favor...again, assuming that there are not things you are leaving out of the story.

So, to reiterate: If mom says that the original court order must be followed, then it must be followed until you get it modified in court.

 

[Ohiogal]

Just to be a little clearer. Legally, mom has every right to enforce the original court order. It stands until you take it back to court to have it modified. Since you have been doing the 50/50 schedule for over 14 months, that is status quo, so the odds very much are in your favor if you take it back to court. Unless of course there are things that you are leaving out of the story.

Mom's business law lawyer friend is used to forcing people to settle business conflicts to avoid court...so he is using those same tactics on you. However, since he clearly knows very little about family law he is actually threatening when he is not operating from a position of strength. Otherwise, he would realize that the odds very much are in your favor...again, assuming that there are not things you are leaving out of the story.

So, to reiterate: If mom says that the original court order must be followed, then it must be followed until you get it modified in court.

Mom's business law lawyer friend is risking his license by doing this. His license in his actual state where he does practice. Because if NC finds that he Is engaged in UPL, they will notify Indiana (or you could) and he could be suspended or disbarred there. The one in the position of power is you if he is not licensed in NC.

 

[LdiJ]

Mom's business law lawyer friend is risking his license by doing this. His license in his actual state where he does practice. Because if NC finds that he Is engaged in UPL, they will notify Indiana (or you could) and he could be suspended or disbarred there. The one in the position of power is you if he is not licensed in NC.

I did not think that writing letters constituted engaging in UPL. I thought it had to go further than that.

 

[Ohiogal]

I did not think that writing letters constituted engaging in UPL. I thought it had to go further than that.

Nope. According to OP:

- I was notified by a male "friend" of hers and he stated he had be "retained" by her as her legal counsel.

If he isn't licensed in NC, he has major issues. Writing letters on behalf of another person to rep them in a legal dispute is practicing law. He took steps on behalf of mom.

- I asked that all communications should be in written form regarding this matter so that I may have it documented should I have to retain legal counsel.
- Her supposed counsel has reached out to me on multiple occasions via both text and phone, to which I have not responded or answered.

Those texts are evidence that can get this idiot attorney disbarred or suspended or sanctioned. In two states.

 

[LdiJ]

Nope. According to OP:
If he isn't licensed in NC, he has major issues. Writing letters on behalf of another person to rep them in a legal dispute is practicing law. He took steps on behalf of mom.


Those texts are evidence that can get this idiot attorney disbarred or suspended or sanctioned. In two states.

Unless he is one of those rare attorneys that are licensed in multiple states and NC happens to be one of them.

 

[Ohiogal]

Unless he is one of those rare attorneys that are licensed in multiple states and NC happens to be one of them.

Well hence why I stated in my first response:

Ask her counsel if he is licensed in North Carolina or check with the North Carolina Supreme Court to find out if he is licensed there. If not, file an ethics complaint in NC against him for the Unauthorized practice of law.

 

[CourtClerk]

Ummm... 3 words

pro hac vice

 

[Minuette]

Ummm... 3 words

pro hac vice

Doesn't an attorney licensed in the OP/ex's jurisdiction have to file that pro hac vice motion?

And the attorney that is admitted pro hac vice cannot represent the client until the motion is ordered/signed by the judge?

Not arguing, just confused, based on what Mr Min. went through once in Missouri.

 

[CourtClerk]

Doesn't an attorney licensed in the OP/ex's jurisdiction have to file that pro hac vice motion?

Not sure in the state of N. Carolina, but even so.... that wouldn't be that hard. Any attorney that has great networking skills can get it done. Hell, find alumnae from your law school.

 

[Ohiogal]

Not sure in the state of N. Carolina, but even so.... that wouldn't be that hard. Any attorney that has great networking skills can get it done. Hell, find alumnae from your law school.

It takes time and the Supreme Court has to grant it. And yeah, he can't do a thing until that is approved.