Custody


#1

Dear Nikki,

It is impossible to answer this question without more information.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#2

My boyfriends x-wife has sent him to jail 4 times for worthless checks, whenever a sherriff would come to there house with a summons she never answered the door and she would always throw the door hangers away, he would be arrested at work,he finally leaves her.He was put on 18 mos supervised probation and had to pay almost 18K for checks and fees. Well he wanted to work things out for his daughters sake, so they started going to counseling. 1 month after counseling she moves 2 hrs away with her new boyfriend that he knew nothing about. Well needless to say she has done the same thing to this one but she has cost him over $100k but he did something that my boyfriiend should have done, It has turned all of the checks and everything else over to the courts, she has 42 simple worthless checks, 18 felonies which include obtaining property under false pretense and forgery and uttering. We have been told she will go to prison for awhile. She has been arrested 15 times, on top of this she has been evicted 2 times in the past 6 mos, she has no heat in the house because the gas company has locked the box for non-payment. This is the thing I am scared the courts will not give him custody because we are cohabitating, I dont want to do anything that will cost him his daughter. Is there a chance the judge could say that he is also unstable?? Even tho we has lived together for 2 1/2 yrs. Desperate for some answers!!

Nikki L. Strickalnd


#3

Dear Nikki,

The mere fact that you are living together will not have an impact on his ability to get custody. The court is going to look at the best interest of the child. If the mother is in jail then she is unable to care for him and if you can prove you can provide a safe and loving environment to the children then there is a good chance you will be given custody.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#4

My boyfriend of 3 yrs is trying to get custody of his daughter. Her mom has kept her from him for 3 yrs, she is in alot of trouble and is facing prison for 3 to 7 yrs? We have been living together for 2 1/2 yrs can this hurt his case by us not being married?

Thank You,
Nikki

Nikki L. Strickalnd