Child Custody (lawsuit) questions


#1

It is difficult to prove that the other parent is unfit. You basically have to show that the other parent is dangerous or detrimental to the children. Judges usually don’t like to limit parental time with the children unless it is in the “best interest of the children.” The evidence you have is a good start, but I would try to get something more tangible. I am not a lawyer, and every case is different anyway. Good luck to you.


#2

Dear Bowlingqueen1975:

Greetings. Just because one parent does all the work, does not make the other parent unfit. You would have to show some harm with the child. Thank you.

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

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.


#3

Thank you for the response. My daughter is 8 and she was getting off the school bus, letting herself into an empty house and stayed alone (numerous times,anywhere from a few minutes to a couple hours). Is there a legal age at which kids can be home alone in NC? I am hoping this helps my case. Again ,any info helps.


#4

Yes there is certain times you can leave a child alone and for how long at a time. Like at one age they can be left alone for 1=2 hours during daylight hours and so on and so on. Each year is little more. Your local social service office have the list of ages, time and time of day that they can give you. If they are broken, if it is enough for s.s. to do something then I would say it could be something for the judge to consider but probably not enough with just that alone. Check the law times for your state.


#5

Well, the entire story is not easy to post, but in short, many inappropriate things are going on, not just the home alone, it is the big picture I am worried about. I have so many “little” things, grades starting to fall, 9 year old girl still sleeping in same bed with dad, the already mentioned home alone and lack of dental care on his part, etc. and I just want to be sure I have enough to get her out of there. She is becoming elusive and withdrawn and I am worried. Help!!!


#6

Will, I have a question–one person is willing to have joint custody–the other person does not. there is already a child previously (and they should not be separated) Now, a person can leave with their children and if the other parent were picked the child up from school --it’s within their rights. My question would be if you can’t agree on who “gets”(–residental) the child how can someone leave the home w/ their child? If you leave the child it makes your case weaker. ( when it sounds like we both have the same rights???)


#7

How do you get “proof” that one parent is not fit??? Do medical and dental records help (if they are pertinent to show I was the only one to take the child to the dr or dentist in a joint custody situation)? Is “proof” letters from witnesses? I have about 10 supporting letters of what goes on, but no real physical proof there is a problem. I will be going to an attorney, but want to get as much together before my visit. Anyone who has been through this, I would love to hear from you. Thank you in advance