Custody

North Carolina Divorce Law Divorce and Separation Answers
1

You should not seriously fear losing your children. Please see my response to your other post on this issue.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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.

2

I currently have custody of my children (since Jan. 12, 2007) so certainly I am the primary caregiver. Obviously before that,(until a brief interuption when he “took” them to another state for three and a half months) I was, as well. I understand that generally custody stays with the primary caregiver. However, I have just recently had a major decline in my income and my son was pulled out of daycare because I wasn’t able to keep up with the bills (effecting his stability) and my ability to look for and go back to full time work.

Will this be reason enough for me to lose custody of my children?Their father (although he is suing me for custody) as very little to do with the children (doesn’t visit, call, etc.). In fact, he has had NO contact with them since August 2007. But, he does work and lives with his parents. Should I seriously fear loosing them?