Divorce, custody and child support


#1

I was just served papers from my soon to be exwife. We had been doing it ourselves and have had joint custody of the kids. When I got paperwork it was checked for custody and child support along with divorce. As we had never talked about either one of those items I am feeling uncertain with what she is going after. There is a line that states, “facts exist which justify this courts assumption of jurisdiction to determine the custody of the minor children. An affidavit setting forth information required by G.S. 50A-209, marked “Exhibit A,” is attached hereto and incorporated in this complaint and made a part hereof.” I do not have an exhibit A with my paperwork. Then it states the she prayes the court follow, That the court enter an order granting plantiff primary care, custody and control of the minor children, both temporary and following the trial of this action. So my questions, is she trying to have full custody, not joint has we have now and is she going after child support, which she has not said anything to me? Not sure what to do to protect myself and not lose my equal time with the kids.
Thanks,
Dean


#2

Primary custody is different than full custody. Full custody implies that the other parent does not have any custody or visitation. The best way you can protect yourself is to have a consultation with an attorney in your area and discuss your situation, and determine how to proceed. You likely want to file an action and counterclaim for custody and support as well.

It is also possible that the form she obtained had that language and she really only wants to memorialize the agreement you have been operating under with a formal child custody order.


#3

Thank you for the reply! My concern it states that she wants, primary care, custody and control of the children. Also there is the line where it states that “facts exist which justify this courts assumption of jurisdiction to determine the custody of the minor children. An affidavit setting forth information marked “Exhibit A”, is attached and incorporated in this compliant and made a part hereof.” This tells me she has summitted something to the courts and they have decided to make a decision, taking that option awawy from me. Want to know what th, the “Exhibit A” is, as it was not included with my paperwork. Again thank you for your response.


#4

It sounds like the Exhibit A that is supposed to be attached to the complaint is the Affidavit as to Status of Minor Child. This form (or equivalent information) is required by the statue when filing a claim for custody. The information contained helps the court determine whether jurisdiction in NC is appropriate.