Sure, he can take you to court over custody, as custody can always be modified based on a substantial change in circumstances. However, if you and he cannot agree on a 50/50 split and end up in court, it is going to be difficult for him to get a judge to award that type of custody to him. Such a set up means that the parents really have to work together and be cooperative, which may be an issue if you are in court.
If you are in court on a divorce complaint, the court will not hear anything on custody at that time. A new complaint will have to be filed, and the matter put on the calendar for that issue.
Good luck,
Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.