What steps can I take to combat false allegations and have parenting time restored?

Question:Cordell & Cordell attorney Andrea Miller

My ex-wife was able to get an emergency hearing and bring up false allegations and have an order put in place that took away my parenting time with my children. The subsequent investigations found nothing and I was cleared of all allegations.

I have filed a request with the court to have my parenting time returned but have heard nothing. What other steps can I take to combat these false allegations?

Answer:

Unfortunately, I am only licensed to practice law in North Carolina. You should contact an attorney in Kansas who will be able to assist you concerning your issue. Cordell & Cordell does have divorce lawyers in Kansas. Since I am only licensed to practice in North Carolina, I can only speak to how North Carolina may resolve the issue.

Every county in every state has a different way of handling cases and the calendaring of motions/hearings. For example, in the county I practice in, you can call the family court administrator who will calendar your motion/hearing on the next available calendar.

I am unclear as to what exactly you filed with the court.  It seems you just filed a motion of some kind and not to have the motion heard. In North Carolina, filing a request to have you time with the children is not enough. You must take an additional step and also file a request to have that issue calendared (Calendar Request or Notice of Hearing).

However, I do not know the procedure in Kansas and therefore you need to speak to a Kansas attorney that practices in your county to determine the correct procedure in having your issue heard.

Please be advised that me answering this question does not constitute an attorney-client relationship.

 

Andrea Miller is a Staff Attorney in the Charlotte, N.C., office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Miller is licensed in the state of North Carolina. Ms. Miller received her undergraduate degree in History and her Juris Doctor from the University of North Carolina at Chapel Hill.  While in law school, she on the Client Counseling Team for Moot Court and became a board member. Ms. Miller also participated in UNC’s Legal Assistance Clinic whereby she helped represent indigent clients obtain legal counsel primarily in the area of domestic relations.

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