Custody


#1

Can somebody please give me this information? I would greatly appreciate it. I care about this little boy and I need to know how often we can have him.


#2

Dear Big Time Support:

First, I answer posts as quickly as I can, with my clients care coming first and foremost. I try to respond to all posts within two days, if not sooner when possible.

Now, cheating does not normally affect custody, unless he was foresaking time with his children to spend time with you or spending the children’s funds on you. If he plans on moving in with you prior to his divorce and remarriage to you, I would not count on joint physical custody, although I think he can still get joint legal custody. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#3

Thank you for your response! I’m sorry, I should’ve given you more time! My apologies. I have some additional questions. We will most likely be moving down to Alabama after the separation. What affect will those state laws have on us since we’re from NC? We really want joint physical custody. I am moving down their with him but I will probably get my own apartment. If this is the case, what are his chances of having joint physical custody? His current wife will most likely be very disagreeable throughout this entire process. Any tips on handling a person of her nature? She has mentioned making us wish we were never born. Does she have this amount of power over the situation or are there laws giving us an equal voice? We don’t care about any of the material possessions between them, we just care about having equal custody of his son. How do you suggest we go about doing so? I will definitely be more patient this time! :slight_smile: Thanks again!


#4

Dear Big TimeSupport:

Greetings. North Carolina will still be the laws applying to child custody. There are very few ways to have “joint physical custody,” which usually means equal time with the child, if you are living in another state. It is more likely that he will have more custodial time though if you are living in a separate residence.

As far as dealing with her, you have to understand where she is coming from and how she feels. Then, you have to be willing to acknowledge that she has the right to feel as she does. I would suggest that he hire a good attorney to negotiate on his behalf. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#5

We won’t be living in a separate city from his child. We are going to follow his wife wherever she goes…which is most likely down to Alabama since that’s where she’s originally from. That is why I mentioned that in my last reply. Since we will be in the same town as his child no matter where he is, how does that affect joint physical custody? My boyfriend has never forsaken any time with his son to spend with me nor has he ever used any of his son’s funds on me. His son is definitely number 1 in his life and we will do whatever it takes to have joint physical custody, if not sole physical custody. I think our chances of obtaining joint custody are better, agreed? However, I read in a psychology book on development that courts will give the father full custody of a son if both parents are equal. Is this true? It makes sense since a son needs a male figure in his life to be the predominant figure.

Also, I know my boyfriend will need to get a separation agreement worked out before he leaves his house. How should he go about doing so? Since you said he’ll need a good attorney, can you give me a few names? We live in Charlotte. Thank you so much for your help! I’ll look forward to your reply!


#6

Dear Big TimeSupport:

First, lucky for you we now have an office in Charlotte…so yes, I can recommend a good attorney or two there! Next, I misunderstand your previous post. If your boyfriend is moving to be near his child, there should be no problem with joint custody (unless the two of you are living together or you are spending the night).

No, what you read about the courts is not true. Each case is different and unique and must be looked at and evaluated on an individual basis. I agree though that unless there is a significant reason not to have a parent involved, then both parents need substantial amounts of parenting time with each child.

Your boyfriend needs to hire an attorney now to get working on the separation agreement. Let me know if you cannot find our Charlotte phone number. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#7

I have been involved with a married man for over 2 years and his wife recently found out about it. She doesn’t know the entire truth but she does realize that if he chooses to leave her, it would be because of me. What effect would this information have on him gaining at least joint custody on his 1 year old son? That is his main reason for not leaving yet. Thanks for your time!