Dear crybaby:

Greetings. If he does not ask for custody and you have the child, I cannot see why there is a rush to file a custody action. I doubt that he could file for custody in his state, since the child lives in your state - which would be the home state for the child. You usually have to file in the child’s home state for child custody. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


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.


We live in separate states. Spouse verbally told me he does not want custody and he did not ask for it in complaint for divorce. Complaint filed in his state of residence. Should I file for custody in my state now while I’m answering his complaint? If he asks for no custody should I even worry about it? Do I need a lawyer if he is not interested in custody? Because he is not interested in custody, is it just paper work formality?