NC Fathers Rights

What if I do not have the money to hire a NC child custody attorney?

money to hire lawyer NCBefore we discuss “What if I do not have the money to hire a NC child custody attorney?” it is important to note that NC Fathers is NOT a NC law firm nor is this document prepared by a licensed lawyer in any area of law. This document is not legal advice and here for information purposes only. If you need legal advice on child custody or in any other area of law then we encourage you to hire a lawyer. Although, as this article will spell out, if you do not have the money to hire one for a child custody matter, ex parte, or any other case before the domestic courts and family courts, you have no options but to represent yourself pro se (appear before court without an attorney. However, it should be noted that in our opinion NC judges do not like pro se litigants in family law because they take up much time of the courts when parents are not able to have documents in order and follow court procedure. We also suspect that family law judges do not like pro se litigants because they would rather see parents going bankrupt with a child custody attorney who’s state association has so much control over in judicial elections.

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As we have pointed out in our article on the NC family courts and the game that it is, the bottom line here is not the best interest of children, it is the best interest of NC lawyers bank accounts.

NC Fathers estimates that there are tens of thousands, if not approaching hundreds of thousands, in the State of North Carolina who will lose contact with a child forever simply because they do not have the money to hire a NC child custody lawyer in a restraining order, ex-parte, or other family law matter. The people losing contact with a child are parents, grandparents, aunts and uncles, step-siblings, and other family members. And, you are simply losing contact because of poverty.

Let’s take a look at some other areas in NC where the courts do not allow this. In the criminal courts, if you do not have the money to hire an attorney you can get a court appointed lawyer and it is very typical for criminal lawyers to offer free consultations and payments to be represented.

But not in family law, lawyers and the system knows that emotions and just out and out anguish will force you in to finding money necessary to get contact with a child. If two married people used this type of emotional abuse against each other, it would be considered domestic violence. But not in the family court system and their $750 consultation fees just to tell you that you need a lawyer and $5000 up front retainer fees just to get STARTED. We are in contact with people daily here in North Carolina who are well in to the hundreds of thousands of dollars spent on family law attorneys. The reality here is that sometimes emotions and anguish simply does not allow you to find the money to hire a NC lawyer.

Now lawyers will tell you that the high expense related to family law and child custody is that litigants usually want to fight for years and this has forced them in to billing for many years. The reality is lawyers inflame situations and make wild allegations that are unproven because the family courts operate on preponderance of the evidence (no need for evidence to be shown, an arrest or petition can be brought on allegation alone, can be found guilty or have orders placed on you without evidence or witnesses as long as a judge has a certain amount of “likelihood” that something happened). This is turn causes parents to battle for 18 years and for lawyers to bill.

Another reality is that the judge has total control of the courts, if she/he wanted cases to move forward faster and everything resolved in the best interest of the child, she/he would at the snap of an order. It is important to remember that judges were once likely family court lawyers who made millions.

The simply fact in the following very common event in NC is that if you do not have money to hire a lawyer in a NC child custody, ex parte, or allegation of some sort that resulted in you not being able to see your children, you are going to never see them again, and neither will grandparents, aunts and uncles, and other family members.

To use, this is real abuse and neglect, not only by one parent, but at the hands of judges and lawyers within the courts, along with social services.

While it may not be advised, the reality is that it is perfectly legal for one married person to leave the home with a child and move abroad or across country with a child and establish residency and consistency and never inform the other parent where they or or allow them to see the other side of the family.

It costs this parent $0 to do this and essentially establishes full custody of the child. The other parent is then forced to find $5000 to $7000 in a retainer fee to find the other parent and file a court petition. If the parent can not do this within 6 months to a year (depending on residency laws in other states), then that child and case falls under another jurisdiction for which you will have to find another $5000 to start proceedings in that state.

If you likely did not have the money to hire a lawyer in NC, then you surely won’t if you spend thousands here trying to find the other parent and getting a motion before the courts only to be told that the case is now in the jurisdiction of another state and you have to start all over.

In talks with NC Representatives and Senators about this problem, they indicate to us that they realize it is a problem but they refer everything to committees that handle family law procedures that are headed up by lawyers 🙂

What amazes us is that the numbers of parents that this is happening to is astronomical and represents a huge voter block of people that could literally drive Senators and Representatives crazy if these affected families would start calling their offices daily. Non-custodial families represent about half the population in every NC and dwarf the power that the lawyers association has. If you want to get immediate change to your dilemma, then organize with other non-custodial families on this page and start calling them daily.


August 9, 2015 Posted by | Uncategorized | Leave a comment