Father Seeking Custody

Dear Vjunk:

Your chances are good. The information is not that hard to decipher. You are the better parent from everything you said and it appears to be in the best interests of the minor children to live with the parent making good decisions. You may want to have a private investigator follow her for a couple of days to get an idea on “a day in the life” of your spouse to show the court how unstable she is. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

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.

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I am a father seeking custody of my 5 year old daughter and my 3 year old son.

After finding out that my wife was in contact with an old boyfriend, I invited her to leave our home and she went to her parents house. At the same time, she was charged with 2 counts of embezzelment of a controlled substance from her job at a pharmacy. (Since her only prior was a DUI in '89, the charges were reduced to a single misdemeanor larceny.) Since that time, she has been dating several people and her current boyfriend was arrested for misdemeanor child abuse (he went to some “I’ll be nice” classes through DSS and the charges were dropped). To top it all off, on labor day she left my 5 year old and 3 year old home alone while she went to the store, or so she says she went to the store. Since that time I have filed a complaint with DSS and she has admitted to them that she left them alone, and I swore out a warrant of misdemeanor child abuse against her.

My question is this, what are my chances for full custody with supervised visitations? I am the party that filed the initial divorce, custody, and support claims. Ideally, I would feel comfortable with her seeing the children supervised until such time that she proves that she is responsible enough to see them alone and have them for sleepovers. The kids want to see their mother and I don’t want to punish them for her mistakes, but I have to be able to trust that they are safe when they are with her. Any insight into this matter is greatly appreciated. Thanks.