Divorce and Custody


#1

First, I am assuming that the parties have been separated for at least 1 year. Otherwise, the claim for divorce is not valid. Second, if they only asked for custody, and not support (child or spousal) or distribution of the property, that does not mean that the defendant spouse cannot ask for distribution of the property. The only rights the plaintiff spouse loses after divorce are the rights to distribute the property and to spousal support. Child custody and child support can occur at any time before or after the divorce. So, a claim for child support can still come later. The divorce and the child custody can happen on the same date, but they are really 2 separate claims. It is never a good idea to go to court unrepresented in contested matters. The court will hold an unrepresented party to the same standards as an attorney. So, an unrepresented party would really need to know how to manuever in the court system.

Sole custody means that one party would have sole physical custody of the child. The other party would have visitation, and probably joint legal custody (which is joint decision making ability).

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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

Thank you for your information. Very good advise. Other questions; What is 'reduction -of-rights"? Does the other spouse have to pay child-support if this is granted by the courts? Does NC ever grant this in a court of law? Is property dist. given, even if the spouse filing for divorce does not want this? Thanks!


#3

A court can terminate a person’s parental rights in certain circumstances, but this is rare. A court can also increase or decrease visitation, as well as reverse custody in some situations. Regardless of the change in visitation or custody, though, the non-custodial parent will still generally pay child support. The amount could vary based on the amount of time that parent has with the children as well as other factors.

Property distribution, or “equitable distribution,” is the division of property by a court. A judge will not issue an ED ruling unless one of the parties requests it.

David L. McGuire
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.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.


#4

If a spouse files for divorce and sole custody of child and this is the only things that are stated in the papers that are served on the other spouse, does this mean that there will be no child support or dist. of property ask for? Does divorce and child custody take place in court the same date, or is this separate? Is it a good idea for the spouse who has been served with the summons, to go to court without an attorney? Also, could you please explain what sole-custody of a child means? Thank you for your information.