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child in danger?

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ecgray

Junior Member
What is the name of your state? north carolina.
k, where to start...my parents got a call from texas 4 days ago from my ex (who last we knew was living in california with my son) who said she & my son (he is 13 years old) were homeless & the last child support check hadnt come through & she wanted to know why (glitch in the computer system somewhere between north carolina & california. fixed & she has check.) my mother told her she would check with me & my ex was to call back & get info. no support checks have been missed or late previous to that & i have been employeed constantly since our divorce in 1997. we never had any formal child custody agreement but she has since then had physical custody because i was in the army(now in private sector) & she (cause of divorce) refused to move to nc where i was stationed as we had previously agreed. i had been trying to contact them for quite a while & every phone number i was give was no longer in service & letters sent to the last home address i had came back 'return to sender' sooo...after call from texas she never called back and my parents said she had mentioned my brother's ex-wife (kelly, who lives in texas) in their conversation. so i called her & she said, yes my ex had been in texas for a year. she had come to stay with her but it hadnt worked out. she was very concerned about the emotional stability of my ex & the well-being of my son. the whole two months my ex & son were staying there, my ex wouldnt let my son play with the other children living there, nor let him play on the 17 acres. she kept the two of them shut up in the bedroom together for days on end only coming out for food when no one was around or to go to the restroom (if my ex was pottying, my son had to sit outside of the door & wait for her to finish). after the 1st 2 months in texas she moved into a rental kelly owns. during the next 8 months she ended up running up close to $4000 in utilities...that she didnt pay (kelly paid them, but this really isnt an issue w/ kelly) 6 wks ago my ex & son left the rental & havent been heard from until or since the "we are homeless" call. kelly tells me that my ex has been turning my son against me & that he doesnt even refer to me as 'dad' any longer (only by my first name) kelly says my sons entire life seems to revolve around making his mother happy & he is more the parent than she is (perhaps related to sexual abuse she suffered as a child??) . i am scared for my son's physical & emotional well-being. i am now working in the private sector in a good job. have a very stable home in an established neighborhood & my fiancee is a stay at home mother with 2 children (one in college & the other a rising 11th grader w/ straight As :)) & would be a good influence. her mother has taken in foster children (now adopted by her mother) so we have experience with children who have been through troubled times. we also have seen the damage done by emotional abuse & children being homeless. :( any advice on the best course of action? we would love to have my son here as long as he can or even until his mother could get to a more stable place in her life but we cant even find her to get this idea (which would most :( likely be rejected) to her.
 


CandiceH

Member
My question is, why haven't you done anything in the past to have a relationship with your son? That is one of the first questions you are going to be asked!
 

weenor

Senior Member
After nine years, the court will VERY closely scrutinize your reasons for not doing more to find this child before. However, with that said, if you are willing to spend some money you have a shot. This boy is very likely extremely co-dependent with his mother and even if you do win, you will have some trying times on your hands coping with his sense of loss. You will need lawyer and probably a PI to run down her recent addresses in order to determine the current jurisdiction.

P.S. paragraphs are your friends.
 

ecgray

Junior Member
it has been too long, yes. but i last saw him 5 yrs ago, not 9. the main reason was that they were in california & i am in north carolina. :( beyond that i believe help is needed for him & thats what i would like advice on. thanks.
 

rmet4nzkx

Senior Member
ecgray said:
it has been too long, yes. but i last saw him 5 yrs ago, not 9. the main reason was that they were in california & i am in north carolina. :( beyond that i believe help is needed for him & thats what i would like advice on. thanks.
What state and county has jurisdiciton for the divorce, custody and child support. Have you filed to modify any of the orders?
 

ecgray

Junior Member
the divorce was filed in cumberland county, nc. there was never anything legal filed as to custody or child support although i did set up for moore county, nc to have child support drafted from my paycheck & it was sent california & then to my ex.
 

sparrow

Junior Member
It would seem to me that your fiance's mom would have some contacts and good advice as to where you could start as well (since she's had experience with adoption and troubled children, etc). If you know your child is in some sort of danger then you need to do something ASAP.

I was young and stupid and lost contact with my daughter who is now 19 but no advice or support was around in those days like it is now and my daughter calls someone else 'mom' and that is NOTHING I would wish on anyone else ever, not even my worst enemy.

Go and fight for your child TODAY.
And listen to these folks here. :eek:
 

LdiJ

Senior Member
ecgray said:
it has been too long, yes. but i last saw him 5 yrs ago, not 9. the main reason was that they were in california & i am in north carolina. :( beyond that i believe help is needed for him & thats what i would like advice on. thanks.
While the distance was great, and I can understand the difficulty of pursuing things with that kind of distance, that alone isn't going to be good enough for a judge. You are going to have to convince the judge that although you didn't pursue visitation with your child for 5years....that the situation is bad enough now that disrupting his primary relationship with his mother is less damaging than leaving him in her custody. That even though you are a virtual stranger to him right now, its still more in his best interest to be placed in your primary care.

That may not be easy to do. It certainly sounds like the situation is bad enough to warrant a custody change, but you are getting your info second/third hand (and from people who might possibly have a reason to be upset with mom)....so you have to keep that in mind. These same people might not step up to the plate as witnesses if you need them.

I believe that someone else suggested that perhaps it would be a good idea to hire a PI if you can afford one. I agree.
 

weenor

Senior Member
ecgray said:
it has been too long, yes. but i last saw him 5 yrs ago, not 9. the main reason was that they were in california & i am in north carolina. :( beyond that i believe help is needed for him & thats what i would like advice on. thanks.

My answer still stands...get a lawyer and a PI so that you can prove up your case.
 

ecgray

Junior Member
another question. my ex & i agreed to joint custody (although there is nothing in writing) w/ her keeping my son & my having access to him whenever i wanted to see him. is it illegal for her to move him to another state without informing me? also. since we never had a formal agreement as to child support what would happen if i stopped the auto-drafts & said (she would call someone on this) i wanted to send her payments directly & i need a mailing address & a phone #. dont i have the legal right to know where my son is?? :( :( paragraphs...did enough of that in college(all a's in english) sorry :)
 

LdiJ

Senior Member
ecgray said:
another question. my ex & i agreed to joint custody (although there is nothing in writing) w/ her keeping my son & my having access to him whenever i wanted to see him. is it illegal for her to move him to another state without informing me? also. since we never had a formal agreement as to child support what would happen if i stopped the auto-drafts & said (she would call someone on this) i wanted to send her payments directly & i need a mailing address & a phone #. dont i have the legal right to know where my son is?? :( :( paragraphs...did enough of that in college(all a's in english) sorry :)
Don't play games with your child support. That will just complicate things.

No, its not illegal for her to move. In fact, she isn't even in contempt of court for not keeping you advised of her address if there are no orders regarding the child.
 

ceara19

Senior Member
ecgray said:
so...are you saying that i dont have the right to know where my child is?
Does the court order specifically state that she is supposed to give you this information? If not, you don't have a right to it at this point. You can petition the court and ask for it. However, as others have already pointed out, you will have to explain why this wasn't a problem for the past nine years.

If the state issued the garnishment order, the state would have to rescind the order. You can't just stop the auto-drafts. Even if you COULD, it won't help you get her address. All she has to do is send a request to the state to start the garnishment again. They are not even ALLOWED to give you her personal information. So all you will have accomplished is getting YOURSELF into trouble for failure to pay child support.
 

LdiJ

Senior Member
ecgray said:
so...are you saying that i dont have the right to know where my child is?
Of course you have the right to know where your child is.....however you haven't taken the legal steps to ensure that mom is required to provide you that information.
 

ecgray

Junior Member
ok. first of all, i have known his exact address every day of the nine yrs until she poofed to texas last july. there was no court order on anything. not garnishments, not even child support. there is not even a court order as to who has custody(does this have any bearing?). i have been looking for him since they disappeared in july. i just havent been to see him in 5 yrs & the divorce was the thing that was 9 yrs ago.
 

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