If the husband has documented anger management issues, has spanked children on several occasions and left marks on them that didn’t go away for days, has thrown things and broken them when mad (in front of the children), has been mentally and emotionally abusive to his wife and children, what are the chances of the wife getting sole legal custody and father limited visitation? Wife’s attorney says judges are jaded and what is described would not get her sole legal custody and She should go with consent order giving him standard visitation. She’s always been afraid to leave the children with him due to his temper. What would you advise? If She doesn’t fight and bring these things to the courts attention now, can she present evidence later, like pictures of broken skin where he whipped the child?
Based on the information provided, the father would likely still receive visitation time and the mother would likely not receive sole legal custody. It’s possible that some of the evidence would persuade a judge to award the father visitation at less than 50%, and this could be especially true if there is evidence of the father’s anger negatively impacting the children and/or physically harming them, however, this would be up to the judge and the totality of the evidence presented.
If the mother agrees to a consent order now, the only way she can change the order is if there a substantial change in circumstances affecting the wellbeing of the children occurring after the entry of the consent order.
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.
So if after the order is signed, but later there are significant problems causing harm to the children due to Fathers treatment of them, you can ask for change in visitation and present his documented history (pictures etc) for violent acts both prior to and after the order?
Yes, as long the mother can show that there has been a substantial change in circumstances since the entry of the court order that is affecting the wellbeing of the children. It is key that there must be a substantial change in circumstances.
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.