Divorce, Custody, Equitable Dist

Dear Georganne,

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.

Good luck,

Shonnese D. Stanback
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
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.

I am getting a divorce in a few days,and my attorney states that equitable dist. will be enter at that time. How long does my spouse have to take care of this? There is a home, cars, 401K and other property that has to be divided. Can he appeal the judge’s decision, or is this final? Also, what are the chances of my spouse getting 50/50 custody of our child that he has had nothing to do with in over a year? No child support or visitation, now he is filing for 50/50 custody. Would you please advise me, if it would be a good idea to ask for reduced-rights of the child, in this situation. Yes, I do have an attorney, however it takes several days to get an answer to my questions.
Thanks for any information or advise.