Custody outcomes


#1

I know there may be no clearcut answer, but what are average outcomes regarding custody in NC? Meaning, 2 responsible and able parents not agreeing on a custody plan and utilizing the court system to help decide. Does it always weigh in one direction (mother)? Or do courts recognize the importance of both parents equally? Bottom line, if we go to court to settle custody, what are the chances of getting 50/50?


#2

I think the chances are fair. Courts will ‘rule in the best interests of the child’ - which depends on a lot of factors (who was/is the primary caregiver, how involved are you, etc.). Generally, if both parents are equal, they want involvement from both parents.

From what I’ve read, the reason a lot of dad’s don’t get more time is because they don’t fight for it, they settle for what’s given. Be prepared and start collecting evidence. Pictures/videos of activities you do with the kids, keep a journal of your interactions with them, get involved at school and with extra curricular activities, document all the doctors appointments and similar that you take them to.

I’m sure Amy will have a more professional response for you. Good luck.


#3

The courts do not always place children with the mother, simply because she is the mother. It would be a violation of the Equal Protection Clause of the U.S. Constitution to do so.

Courts weigh all factors relevant to the best interests of the children in making a determination of custody, while there is no general rule, I do see a trend in which fathers who seek more time are being awarded the same if they can show the court that it is in child (ren)’s best interest.