You can go for custody of your children at any time. You will have to show that it is in the children’s best interest to have the joint custody you have now changed. The children may have some say in it depending on their ages, but it really is up to you to show cause to modify what you have now. As long as the ex is seeing someone who is an adult, I’m not sure if it makes a difference that they are related by marriage. That would have to be a question for an attorney. None of this may matter in court as long as the children are not being neglected or abused. I would suggest that they need to tell their father that they want to live with you and you and he need to discuss it. You may be able to do all this without the attorney fees and court battle. Good luck to you and keep us posted
I wish it was that easy.He will never willing let them stay with me.He has said that many times.The kids are 11 and 6 , so they aren’t @ the age to make the dission for themself. About the divorce papers,shouldnt i have had to sign something? or did he pull a sneaky on me to get out of paying anything?I want to know what i am entitled to even if the paper are legal and we are in fact divorced.Not just the kids ,what about the 50/50 law?I guess what i need to know is…Even if we are legaly divorced, what can i get from him now?
kristen k coward
If you are in fact divorced, then you are entitled to nothing else from him. Equitable distribution must be filed for before absolute divorce is final. You need to check to see if the papers you were served with were absolute divorce…you should have been mailed a copy of the divorce decree. If he did file for divorce and no one filed a equitable distribution claim then sadly, he got away with not splitting the marital assets with you and you can not go back now and get anything. Find out if you are divorced first. If not, you need to get an attorney as soon as possible.
If you have had joint physical custody from the time of separation then you will have to show the courts why it would be better for you to have the children primarily in your care. File for child support, even with joint physical custody you are probably entitled to in unless you both have exactly the same income, or you make more than he does. There’s a child support calculator on the home site here that will show you what child support should be even with joint custody.
Greetings. First, it does not sound like there is a custody action pending, so if you were to keep the children, then he would have to file a custody action. I would check at the school where you live and find out how to enroll them when school starts again.
Your other option is to file a custody action and ask the court for full custody. Good luck.
Janet L. Fritts
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
301 McCullough Drive Suite 510
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
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.
Me and my ex have been divirced for about 1 yr I suppose, and I didnt sign any papers except for the paper i signed when they were served to me.The papers had nothing in them to do with custody of our 2 boys or child support.As of right now we are doing the week on week off . NO CHILD SUPPORT! I have moved to a county about 45 min from where he lives.I make the commute back and forth to pick the kids up and drop them off and take them to school.This has been a task, but for my kids i do it.My ex is envolved with a 18 yr old (he is 31)she also happens to be his step sister.My kids do not like her and they tell me repeatly of the fighting that goes on in the house,mostly over them and the lenght of time they are there.My sister and husband are also living there.This house is over loaded and everyone is taking care of the kids,everyone except HIM!I want to go to court and get my kids? please help me with the first step…what do i need to do?
kristen k coward