Custody in question


#1

I have had sole legal and physical custody of my daughter for almost a year now and her father is now taking me to court to file for sole custody himself. He’s stating that because his house is bigger and he now works 2 jobs that he can support her better. Nothing has changed in my situation at all from when I received sole custody of her. Housing situation is still the same, and still the same amount of people (siblings/step siblings) in household. I’m worried because he does make more money now but he has no children with his wife to care for. It’s just them. She has a teenage daughter that is only there every other weekend. Can I really lose custody just because he got a second job?


#2

No, it is not likely that custody would be switched to the father just because he has a second job. If you already have a custody order that states you have sole custody, then the father would have prove a substantial change in circumstances affecting the wellbeing of the minor child in order to have the court order modified, and having a second job and making more money, by itself, is not a substantial change in circumstances.

If your daughter has always lived with you, then it would not be in her best interests to remove her from your home if she is doing well educationally, socially, mentally, and is healthy. However, a judge could award the father visitation time in a schedule that he or she believes to be in your daughter’s best interest.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Thank you so much for responding. He already has 1st, 2nd, and 4th weekends. Also he just informed me that he is taking her to Georgia ne,t weekend and I had been told prior to all this that with me have sole physical and legal custody that he had to have permission to go out of the state with her. Have the laws changed on that? Because honestly with the approaching custody hearing and now his spur of the moment trip, it has me a little worried


#4

He can still take her out of state during his custodial time unless your court order states otherwise, typically either in the legal custody section of the order or in a separate vacation/traveling section.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.