Cusody issues


#1

In North Carolina, the courts base decisions on child custody and child support on the best interest of the child. While it is not necessary for either parent to show that the other is “unfit” in order to have custody of the child. It is not likely that your husband would be awarded sole custody of your child based solely on the fact that you work a non-traditional schedule. If possible, it’s best for you and your husband to begin working on a schedule of custody and visitation that will work best for both of you and your child.

Good luck to you.

Meg Miller
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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

Dear melrose1:

Greetings. One other issue is that both parents in North Carolina have equal custodial rights prior to any court order - which means that there is not a presumption that a mother is better suited than a father to raise the children. The court looks at each party’s parenting, not their gender. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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

My husband and I are getting ready to separate. I have a 2 1/2 year old son. I work a non tradional schedule. A split shift of days and evenings. My husband is saying that because of that he is going to get physical custody of my son. Can he do that. I thought that for a father to get physical custody of a child he would have to prove the mother unfit to care for the Child. Since my son has been born I have beent the primary caregiver when he has not been at daycare and I have not been at work. My husband has not given the child a bath since he was 2 months old. When both of us are at home with the child I am the one who dresses him, feeds him, changes him, and bathes him. Can my husband really get physical custody of the child and force me to pay him child support even though I make about 1/3 less pay than he does. Please help me.