Getting custody from my ex

North Carolina Divorce Law Divorce and Separation Answers
1

I currently have joint legal and physical custody of my 4 year old son. This was agreed upon through mediation. The short of it is I get a minimum of 125 nights per year. About my ex see below. After you read below if I can prove all the below which I can would this be grounds for me getting sole custody. Please take my word that I have no legal, mental or employment issues and can provide a stable home with two college educated supportive people.

  1. She is on probation for aggregate theft until 2015.
  2. She has seen a physiatrist and was prescribed meds for Bipolar / Borderline Personality Disorder.
  3. Over the last 1 ½ years I know she is not regularly taking her meds.
  4. In the last month she has threatened to harm herself 2 or 3 times to her on again off again boyfriend. (he forwarded me the text messages)
  5. From April 2012 – April 2013 she has taken my son to the doctors/emergency room or urgent care 48 times.
  6. She has had 5 jobs in less than a year
  7. has pulled my son in and out of 4 different preschools (against our custody agreement)
  8. Has lived with 2 different men in less than a year and has had at least 4 different men sleep over around my son in less than a year (against custody agreement)
  9. Has asked to borrow money because she claimed her utilities were going to get shut off also have that text.
2

Those facts certainly sound like enough to warrant going back to court to modify child custody. I could never give a definitive answer whether a certain set of facts would equate to an order granting sole custody, but the facts as detailed are concerning. You should know that sole custody is hard to come by, and even if parents have mental health problems and other issues, you have to show how these issues and problems impact the child. You also have to know that there are ways for a parent to have minimal custody without the other parent truly being granted sole custody.