It depends, There’s not really enough info there to even make a wild guess. I’ve seen ex’s do far worse such as attempted posioning, physical threats, waves of extreme psychotic behavior, purgery and fraud while under oath, and much, much more, but it was all ignored by the judge. The things that will go against you are; you’re the NCP, if the other parent already has a custody order, an apathetic judge, and if you are male. You need to start gathering documentation to even have a prayer. Get transcripts of the the children’s school records, but the judge can dismiss this as the kids are doing poorly because they’re dealing with the divorce, not because of the other parent. Get NOTARIZED statements form witnesses, and have them ready to testify at your hearing. The harrasment charges will probably be blown off unless the judge has a bone to pick with your ex, or if they do something in court that angers him/her. What the court is SUPPOSED to consider when deciding custody is which parent has the better environment to offer, and is more likely to allow the other parent contact and time with the kids, and what’s “best for the children”, but it doesn’t always come out that way.
Greetings. I think that you have a strong case to change the custodial situation into your favor based on what you have written below. Good luck.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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.
I am the NCP, seeing my children every other weekend and on some holidays etc. I have a 50-b against my ex, because of phone harassment against me. My ex has violated the 50-b numerous times, and has been charged 2 times since it’s creation in october 2005. My ex makes a scene at every exchange and recently my ex called 911 on me stating I and my friend, who was driving at the time, attempted to run them off the road. This was so untrue and I have a police report and witness to defend against that. The police just laughed. Anyhow, my ex will be charged soon for violating the 50-b again (when they called 911 on me falsely - it’s harassment). All of these violations have occurred in front of the children. The court keep continuing the hearing because of either no judge available or because the public defender representing my ex, needs time to prepare a defense.
If I go for full custody, based on the above events, mild child abuse against my kids from my ex, and the kids are doing horrible in school now (9 and 7) would be chances of getting it be better?? If so would it be a sure thing, so-so, no-way.