Filed Absolute Divorce - Now Custody


#1

Absolute Divorce date set and no indication she will contest. Now filing for joint physical and legal custody. Have been keeping child 50/50 since seperation. Spouse now wants soul custody, I want joint physical and legal custody because I want to spend as much time as possible with my son and we have been doing this since she left over a year ago. She has moved twice without my consent and has moved 30 minutes away and put our son in a pre school with out my consent.
I have paid more than the calculator indicates since she left me, more than what the Schedule B suggests.

I cannot pay for attorney so am filing for custody myself. I want to resolve the custody and the support so this will not keep coming up, and i do not want her to move again, etc. I have several questions. 1. Does the custody claim need to cite examples such as below, or should it be more general in nature? I am concerned if it is not in the complaint, I will not be able to use this information if it is not resolved in mediation.
A… Plaintiff, without a court order, provided Child support of $100 per week, maintained health insurance for both minor and Defendant, paid for Defendant’s auto insurance, and paid for after School care.

b.That Plaintiff paid for automobile insurance for Defendant to ensure Child was able to attend functions when Child was with Defendant until 12.01.10.

  1. Does the Wake County court decide on the mediator or can the Plaintiff choose one and set up the appointment myself.

  2. I want to resolve the support issue, but it seems like my spouse should. What would you recoomend?


#2

North Carolina is a notice pleading state, therefore allegations contained in pleadings should be general in nature, and simply put the other side on notice of what you intend to prove at trial.
You will be able to introduce evidence at trial with respect to the support you have paid, regardless of whether you cite it in the Complaint.
Wake County sets up mediation through the court, and a mediator is provided. The parties can chose a private mediator, but will be responsible for the costs.