Child Custody

Dear nwkltl:

Greetings. Let’s start with the alimony and then discuss the custody. First, if you are now married, I am assuming that your husband divorced the ex. Therefore, if she gave up the alimony by waiving it for dismissing her action, she cannot revive the same. Nevertheless, I would need to see the document with my own eyes before I could tell you for sure.

Now, on custody I think that you have a great case. I would get more proof that she claims she has lupus and cannot function all the time. Maybe a recorded conversation or letter from her documenting the same. You will have to file in Mom’s area, so if that is Wake County, let us know so that we can try to help you get the ball rolling in your direction. Best of luck!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

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.

Thank you for replying. We already have her statement that she was going to use in court for alimony until she decided to waive her rights to alimony. Her court recorded statement claims she has lupus, and that she is borderline hypoglycemic and anemic. There was also a letter included from her doctor. The doctor’s letter stated that she probably (but not definately) has lupus, and she has severe fatigue and depression. Also, she has cohabitated with one of her other ex-husbands in the presence of the child, she admitted to that in court when she had to explain why she took a pregnancy test under my husband’s insurance when he had been overseas for a year. (This happened 5 years ago.)

My husband has a 9 year old daughter who is presently living with her mother. Custody has not been heard by the court yet, and there is no agreement about custody yet (even though it has been 4 years since their divorce). My husband and I are considering going to court to get custody of his daughter, we have had many difficulties with her mother over visitation and having access to school and/or medical records. My husband’s ex will not tell us anything having to do with my step-daughter’s welfare. What do you think our chances are for getting custody based on the following facts: 1) She has lived solely with her mother (visitation with her father) for the last 4 years. 2) We live two hours away in the next state. 3) She has a baby half-sister that lives with my husband and myself. 4) She has an adult half-sister on her mom’s side that lives several hours away. We have a four bedroom house, she has her own bedroom. 5) Her mother’s home is a rented double-wide. 6) Her mother claims to have lupus, and claims that she cannot function all of the time. 6) My step-daughter has a speech problem which her mother has not done anything about. My husband and I are trying to decide if we have a chance to get custody in court or if we should just continue with the small amount of visitation time we have. We want what is best for his daughter.
Also, his ex recently voluntarily gave up all rights to alimony in court, if we go to court for custody could she, out of anger, try to go after alimony again? She already signed away her rights to it in front of the Judge.

I appreciate any help you could give us. Thanks.