Custody Issue in another State

The court will make a determination of custody based on the current best interests of your children. They will give the most weight to the evidence of the current situation. They will consider evidence of your past history, but unless there is some situation that occurred in the past that made you dangerous to your children, it should not have a major impact on the current situation. The factors that led the court to make a decision twelve years ago may be much different now.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


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.

12 years ago while living in another state (Virginia), my wife and I separated, but never divorced, and custody of our 2 year old and 1 year old was granted to my wife… we reconciled after 6 months.
We have been living in North Carolina for over a year and are now divorcing.

I’d like to fight for custody of my children, but am concerned that the previous agreement will be resurrected - Is this a legitimate concern? Or does it not matter what happened 12 years ago?

Thanks in advance for your help.