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.
- 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.