Child Custody

North Carolina Divorce Law Divorce and Separation Answers
1

No, it is not too late for your husband to pursue custody of his daughter. He should talk to his attorney about filing for primary custody. I doubt a social worker will be involved in the case unless the Department of Social Services or Child Protective Services are already involved for some other reason. The judge will determine what is in the best interests of the child based on the evidence presented. Yes, you can ask the judge to order a psychological evaluation, if your husband feels that is necessary.

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.

2

My husband’s divorce from his ex was final in Feb. 2001. His daughter has been living with her mother during this time, but there has not yet been a court order finalizing who has permanent physical custody. Up to this point my husband’s lawyer has not advised him to seek physical custody, but we would both like to have custody of his daughter. My husband’s ex has cohabitated with one of her former husbands (she’s been married and divorced to 4 different men), and she claims to have lupus which she claims affects her ability to function. Is it too late to file for physical custody of my husbands daughter? Will the Judge have a social worker investigate both homes? How will he determine what is in the best interests of the child? Can we have a psychologist evaluate all parties involved? We believe that his ex has some mental issues. Also, we live out of state, just over the state line, just an hour and a half from where his daughter lives.