Husband abandoned child


#1
quote:
[i]Originally posted by baseballmom[/i] [br] We have joint custody of two children with my having primary.

I assume this means joint legal custody? You have primary physical custody? Playing the devil’s advocate, why does this necessitate a custody change? I would simply not leave your son with his father if/when you go out of town. I don’t know what the law is about minors staying overnight alone. I have a friend who let his 15 year old stay by herself for a week since we were next door and had all his friends dropping by at any time. In this scenario, if you do have primary physical custody, then the most you could do is take away his visitations altogether and I am not sure that would happen. He could say that he was coming back to the home and checking on him and bringing food in while he was asleep. Could it be possible that he was looking out for him and just not letting him know it?


#2

If you wish to change your child custody arrangement you can file a motion to modify custody. You will need to prove that there has been a substantial change in circumstances that affect the health and well being of your minor child.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.


#3

i was out of town last week on vacation.

my X was supposed to keep my son age 14 at his home while i was gone as per our verbal agreement b4 i left town. We have joint custody of two children with my having primary.

Apparently the two of them got into an argument and his father told him he was done with him. he allowed my son to stay at my home 4 nights in a row without even checking on him to see if he was ok, had food etc…

what can i do to get my child custody arrangement changed?