I am assuming that you mean that you are filing a claim for equitable distribution. If so, your spouse has 30 days to answer the complaint, and make counterclaims. If not, and you are essentially closing out equitable distribution when your divorce is final, then he could appeal, but may not be successful.
I would think it would be difficult for him to get 50/50 custody based on the facts you’ve presented, but he’s going to put on a case that he’s a great dad, possibly that you won’t let him see the children. So, just be prepared with your counter arguments! Based on the facts you’ve given, I would not ask the court to reduce his rights, simply because that probably won’t happen. But, I would express to the court that he’s not been involved, so it won’t hurt him to only have minimal visitation, and be ordered to pay child support.
Shonnese D. Stanback
The Rosen Law Firm
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Raleigh, North Carolina 27607
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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.