Divorce, custody of my son, and my rights

North Carolina Divorce Law Divorce and Separation Answers
1

yes my wife is leaving next week and are going to seperate and get a divorce. i want 50 percent custody of my 8 year old son, she is telling me i will only get him every other weekend. i want him one week and then she gets him a week at a time. i love my son with all my heart and want him to be with me, just not 2 weekends a month. i also want her to have him also so i want joint custody.

when she leaves next week i am going to change the locks on the house. i do not know where to start or where to go to get custody of my son. i rent the house where i am at and i have provided her with a vechile to drive. i also pay for his medical and insurance co pays and after school day care. i have no idea on how much i would have to pay her in child support, i make about 5000 gross a month and she makes about 2000 a month gross.

i would like to know if i can get joint custody of my son, i dont believe she can tell me what she wants and keep him from me. i have no lawyer, she has told me she has one but i have not received anything from one. i was wondering if i can go to the court house and talk to a magistrate or somebody to help me on what to do.

she is the one moving out, not me. she plans on taking my son and i do not know what i can do until i guess we go to court or a mediatior person.

i found her cheating on my with anothe man, i know it proubly does not matter but that is why we are going to get a divorce.

please if anybody can help, i need it.

thanks

2

Does your son want to stay in the house with you? If she leaves she needs to leave without your son, unless you agree with him going with her. You will get joint custody of your son, you don’t need to worry about that. If she can’t prove that you are unfit you will get that. There is a place in Rosen that has a child support calculator that you can figure some things up. Just go to the front page and look to the right and you will see it.

If she is cheating keep all the proof on it. It will help you in the long run. Just remember to not put your son in the middle of the decisions you two make. Keep him out of it!
Good luck and best wishes.

3

In order to protect your rights you should file an action for child custody right away. The court will set a temporary hearing to set a custodial schedule ensuring you have time with your son. Magistrate’s court does not handle family issues, and most folks at the courthouse will recommend you see a lawyer. It is important that you have proper representation from the beginning. More and more fathers are being awarded joint custody, but every case is different, and the court must consider each case in its own light.

There is a child support calculator on this website. You can use the information you list in your post to estimate child support.