Custody during separation


Dear worried-dad:

Greetings. First, when we talk about working out the issues with separation (usually property, support, and children) we don’t automatically assume you will be in court. The majority of all issues between couples are settled by the attorneys and parties without ever filing for litigation.

Custody is an issue that can be litigated if you cannot agree, but usually the negotiations allow for some heated debates over the children.

If you are in for a battle though, better to prepare now. 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


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 wife appears to be preparing for a divorce, even though she has agreed to go thru counseling. Our counselor is thinking that my wife may have symptons of Borderline Personality Disorder. If it wasn’t for my son, i would not interfere with her wishes. If my wife’s behavior was normal, I’d be open to joint custody. My feeling is that my son would have a more normal life with me. In order to begin the separation process, I assume we’ll have to reach an agreement on custody. Is custody an issue that gets litigated during the separation agreement, and then again thru the divorce proceedings? I envision a battle over this.