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Parenting coordinator unconstitutional??

Lexington, NC |

We were just in court over a show cause and the judge nailed me for filing the wrong thing and nailed the other parent for their "excuses being lame" The judge suggested I research parenting coordinators and give the X's lawyer the info and if the X didn't agree to come back and have one appointed. The X sent the letter back to his own attorney and yelled at me over the phone that the judge said, "I will never get any judge in this country to order a PC because it is unconstitutional and I can't force X to carry extra expense." And X's attorney told me I can't. This is no where near what happened, but this is how our parenting is. I try one thing X bucks the attempt, it's difficult at every turn. X has blocked all but phone communications and it just ends up me being accused and demeaned.

I have had to contact DA offices, Sheriffs offices all because of the X's accusations and threats that I am being investigated for "such and such" criminal activity. The X even goes so far as throwing out Criminal Judges names in X's county saying they are going to contact our Family Court Judge in my county. Can they do this? and is a PC against X's rights? I wouldn't think so if a judge suggested it, but X twisted things so much about what the attorney said to X that I don't know what's true and what isn't

Attorney Answers 1

Posted

To the best of my knowledge, no one has challenged the parenting coordinator statutes on the basis that the statute is unconstutional, so there has not been a an opinion in the Court of Appeals to that effect. The judge may appoint a PC over the objection of a party (or both parties), but the judge must find the parties are able to afford the cost of a PC. There is a range of fees charged by PCs - some may charge as little as $50 per hour and some may charge $200 to $300 per hour, so there is usually someone that the parties can afford.

The PC statute is here in case you are interested in researching it:

http://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_50/Article_5.pdf

Legal disclaimer: Rebecca Watts is licensed only in the state of North Carolina. This response does not constitute legal advice and does not create an attorney-client relationship. This response is only intended to provide general information and there may be other facts relevant to the issue which were not disclosed by the questioner and which would affect the answer. For specific legal guidance, the questioner should confer with an attorney about the specifics of his or her matter.

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