Custody after divorce

Dear newstepmom,

The courts in NC will allow a joint custodial arrangement. They will make the determination based on the best interest of his children. It may be difficult for your Husband to change the custody arrangement that has been in place for the last five years, the courts tend to lean towards stability for children. If you go to court, you may be able to get more time even if you don’t get joint custody. Before heading to court I would advise that he talk to his ex wife and see if they can reach some agreement.

Helena M. Nevicosi
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

10925 David Taylor Drive, Suite 100
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.

My husband was previously married and has 2 children from marriage. When he divorced 5 years ago, he allowed his ex to have primary custody due to finances, traveling with job, etc. Now, he would like joint custody with no primary caregiver or cs. We have his children 2 nights a week. Would this be something a court would allow now? To grant joint custody with no primary? We are in NC. Thank you!