Hello guyz…
I’m seeking advice or a reasonably priced lawyer to assist my sister.
She hasn’t had custody of her daughter since 2019. Back then, she was struggling with addiction, in and out of jail, and homeless. We were worried we might lose her for good until this year. Just two days after Christmas 2023, she came to my dad’s house asking for help, saying she was ready to be clean.
He helped her detox, and I found a rehab center that would take her. We took her to a Christian-based treatment program, and she has made incredible progress. Today, she is 9 months clean and sober, getting her life back together, working, and staying active in her program.
The child’s father and his family refuse to answer any of her calls, messages, or letters. All she wants right now is a phone call. She’s not trying to take her daughter away; she just wants to have a conversation.
I’ve contacted every legal aid service and attorney referral in North Carolina, but I haven’t had any luck. She can’t afford high legal fees, and she feels stuck. She lives about 4 hours from where the child is, so going to court to file for visitation isn’t feasible.
Any help or direction would be greatly appreciated. Where should she start?
What’s the current situation for the child? Just because your sister has changed doesn’t mean she’ll get custody back. She should file for a change in visitation; that’s what can be modified, not custody. Focus on that.
You can often find forms online or have the court mail them to you. Many local courthouses have forms on their websites now. I work for an attorney, and we usually handle everything by mail unless there’s a pressing deadline.
There was only one document I had to file in person, and that was for property issues.
@Layne
Thanks for the tip! I looked online for the forms but couldn’t find them. I’ll call the courthouse tomorrow to see if they can mail them to me or guide me online.
Your sister should go to the county courthouse where the child lives to file for visitation. Having a lawyer is ideal, but it’s not always necessary for family court.
Perrin said:
Your sister should go to the county courthouse where the child lives to file for visitation. Having a lawyer is ideal, but it’s not always necessary for family court.
That’s part of the issue; she’s about 4 or 5 hours away and doesn’t have a car yet. I would be willing to take her, but I live 10 hours away. I’m doing my best from where I am.
If the father doesn’t want to allow visitation, she’ll have to go through the court. She should manage her expectations. Depending on the child’s age, they may have a say in this. If they don’t want to see her, a judge likely won’t force it. If she gets any visitation, it will probably be supervised, so she’ll need to travel back and forth for that. No one is going to trust her alone with the child given her past, regardless of the child’s age. And this is assuming the dad didn’t have her rights terminated while she was homeless and using drugs.
@BillSmith
She understands she might need to travel for visits, but for now, she’s just asking for FaceTime or phone calls. She has no expectations and knows why they feel that way. The child’s father still has his rights, but he’s not the most stable person either. The child lived with an aunt for a while, and I was contacted by a family member of his recently stating the child needed some information from my sister for school. She realizes this will be a struggle, and she has a lot to prove to both her child and the court system, but she’s not giving up. She regrets her past choices daily and just wants to make things right.
Bryce said:
Is there an existing court case that has set custody or visitation?
Not since 2019. She had supervised visits, but she ended up incarcerated a month later.
Court cases can last a long time. If there’s a custody order in place, she just needs to file a motion to establish parenting time, specifying that she wants phone contact.
She should check with the court to see if they accept filings by mail or if there’s an e-filing option.