how do I reply to a motion??

[Skurg]

What is the name of your state (only U.S. law)? North Carolina

Hello, Recently I received a motion to modify child custody. Currently I only see my children every other weekend, while their mother holds sole custody. She is asking that my visitation rights be taken away, fiiling complaint about my new wife, and stating that the children do not wish to be around her, when they talk and interact all the time like friends. how should I reply to the motion? Do I need to fill out a form to adress each point she's stating against me? Also I wish to ask for full custody because the kids are in what I feel is danger being with their mother, so how would I go about asking for this?

 

[LdiJ]

What is the name of your state (only U.S. law)? North Carolina

Hello, Recently I received a motion to modify child custody. Currently I only see my children every other weekend, while their mother holds sole custody. She is asking that my visitation rights be taken away, fiiling complaint about my new wife, and stating that the children do not wish to be around her, when they talk and interact all the time like friends. how should I reply to the motion? Do I need to fill out a form to adress each point she's stating against me? Also I wish to ask for full custody because the kids are in what I feel is danger being with their mother, so how would I go about asking for this?

How, specifically, are the children in danger with their mother? What hard evidence can you provide the court to prove that they are in danger with their mother?

 

[Skurg]

How, specifically, are the children in danger with their mother? What hard evidence can you provide the court to prove that they are in danger with their mother?

The children are being controlled by their mother, specifically they no longer respond to people anymore nor can they think for themselves, they fear talking to people because their mother will tell them its wrong. Also, they do not get the proper care when sick, or injured.

My son's been so truamatized from when she used to yell at him aswell that he refuses to speak thinking that I will do the same, along with the rest of the world.

The children were going to a phsycologist, which stated "they were happier and at ease without any fear when they are with me" but once their mother found this out she took them to a new phsycologist, in which they do not talk to, they just sit and mumble "mm".

I believe I can get a statement from their old phsycologist, and I've talked with the new one, which wants to speak with me as soon as the children start to warm up to her.

I fear they wont be able to function once they are adults and will not be able to do anything for themself.

I'm not so sure I can get proof to them having less than needed care when sick and injured though.

 

[Isis1]

The children are being controlled by their mother, specifically they no longer respond to people anymore nor can they think for themselves, they fear talking to people because their mother will tell them its wrong. Also, they do not get the proper care when sick, or injured.

The children were going to a phsycologist, which stated "they were happier and at ease without any fear when they are with me" but once their mother found this out she took them to a new phsycologist, in which they do not talk to, they just sit and mumble "mm".

I believe I can get a statement from their old phsycologist, and I've talked with the new one, which wants to speak with me as soon as the children start to warm up to her.

I fear they wont be able to function once they are adults and will not be able to do anything for themself.

I'm not so sure I can get proof to them having less than needed care when sick and injured though.

did the phsycologist say they were emotionally neglected, at always at fear when with mom? if not, then you have no case.

 

[Skurg]

did the phsycologist say they were emotionally neglected, at always at fear when with mom? if not, then you have no case.

She did not say emotionally neglected, we were only talking casually, but she mentioned that when ever their mother takes them to see her that they seem so afraid to say anything that their mom has not told them that they do not speak at all.

This is how it is with everyone now, it only started about a year ago when she gained full custody of them, before we had joint custody in which we had the children half of the time and they were very happy they laughed smiled and enjoyed being with both of us. Now they do not talk, they do not smile, they seem depressed, they don't want to go outside or do anything anymore, they rather sit on the couch and stare into space I cant stand seeing my children this way I have so many pictures and videos of when they were happy, I just want them to be happy again.

 

[Isis1]

She did not say emotionally neglected, we were only talking casually, but she mentioned that when ever their mother takes them to see her that they seem so afraid to say anything that their mom has not told them that they do not speak at all.

This is how it is with everyone now, it only started about a year ago when she gained full custody of them, before we had joint custody in which we had the children half of the time and they were very happy they laughed smiled and enjoyed being with both of us. Now they do not talk, they do not smile, they seem depressed, they don't want to go outside or do anything anymore, they rather sit on the couch and stare into space I cant stand seeing my children this way I have so many pictures and videos of when they were happy, I just want them to be happy again.

how did you lose joint custody?

 

[Skurg]

how did you lose joint custody?

The joint custody was never a court order, and was a mutual agreement, so when she filed for the court order they thought that the mother would be better suited to take care of the children, stating that I couldn't take care of them because I was single and men can't take care of the children the way a mother could.

 

[Zigner]

The joint custody was never a court order, and was a mutual agreement, so when she filed for the court order they thought that the mother would be better suited to take care of the children, stating that I couldn't take care of them because I was single and men can't take care of the children the way a mother could.

I'm calling BS on that one. There is either much more to the story that you aren't telling, or you really have no clue what happened in court. Either way, you should hire an attorney.

 

[Isis1]

The joint custody was never a court order, and was a mutual agreement, so when she filed for the court order they thought that the mother would be better suited to take care of the children, stating that I couldn't take care of them because I was single and men can't take care of the children the way a mother could.

that's what the judge said? word for word?

 

[Skurg]

that's what the judge said? word for word?

no not word for word, she basically said that she thought the children would be in better hands with their mother, and that I didn't prove my case that I should have joint custody.

During this time I was really distraut, and I'm ashamed to say that I did not fight with everything I had so there really was no reason to award me custody at the time. I also know that I took none of the evidence I had with me because I just wanted things over with I saw the stress that my kids were going through and at the time it did not register to me that they would be worse off with their mother.

So currently she has Sole custody, and I have visitation rights, she wishes to take this away from me because I got married. This is what it states in her complaint against me.

If I have no case for full custody, is there any way that I wont loose my visitation.. ?

 

[Isis1]

no not word for word, He basically said that he thought the children would be in better hands with their mother, and that I didn't prove my case that I should have joint custody.

During this time I was really distraut, and I'm ashamed to say that I did not fight with everything I had so there really was no reason to award me custody at the time. I also know that I took none of the evidence I had with me because I just wanted things over with I saw the stress that my kids were going through and at the time it did not register to me that they would be worse off with their mother.

So currently she has Sole custody, and I have visitation rights, she wishes to take this away from me because I got married. This is what it states in her complaint against me.

If I have no case for full custody, is there any way that I wont loose my visitation.. ?

yes, continue being a father to your children. you'd have to actually harm your children severely in order to lose your visitation.

 

[ProSeDadinMD]

If I have no case for full custody, is there any way that I wont loose my visitation.. ?

Force Mom to prove how you getting married is a detriment to the kids.

 

[Zigner]

So, just to be clear. Our OP didn't fight for any sort of custody of his children in the past...

 

[Skurg]

yes, continue being a father to your children. you'd have to actually harm your children severely in order to lose your visitation.

Okay, so I know this now. Is there anyway I could gain custody now with them being in the mental state that they are in if I can get proof from their phsycologist?

Along with, I still need to know how to reply to her motion, because I cannot afford the attorney this time, and have to take this on my own.

 

[LdiJ]

She did not say emotionally neglected, we were only talking casually, but she mentioned that when ever their mother takes them to see her that they seem so afraid to say anything that their mom has not told them that they do not speak at all.

This is how it is with everyone now, it only started about a year ago when she gained full custody of them, before we had joint custody in which we had the children half of the time and they were very happy they laughed smiled and enjoyed being with both of us. Now they do not talk, they do not smile, they seem depressed, they don't want to go outside or do anything anymore, they rather sit on the couch and stare into space I cant stand seeing my children this way I have so many pictures and videos of when they were happy, I just want them to be happy again.

Dad, if they are behaving that way at your house (which is the only place you could observe that behavior) then why do you feel that's mom's fault? That is more indicative that they are unhappy at your house. Are they getting the kind of one on one time with you that they need?