If you are concerned about custody issues, you can file a complaint in court asking the court to award you custody. Courts determine custody based on what they decide is in the “best interests” of the child taking into account all circumstances.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 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.

my wife and i recently separated. We have a 17 mo. old son. I am concerned about his well being. We made a mutual agreement and put it in writing that we have joint custody and I pay support to her. On serveral occations I have recieved phone calls from our mortage holder that the mobile home payment has not been made and just the other day I learned that the lights were turned off and it was the next day before they were turned back on. I was not notified the electicity had been turned off and my son had to stay with her mother that night. Since our separation, she has started seeing someone that I know and am not comfortable with him being around my son. My question is what would I have to do for my son to live with me and not with his mother. There has not been any court papers filed at this time as we can not afford to hire attorneys. My main and only concern is for my son and to know he is being taken care of when he is with his mother.