Joint Legal Custody vs. Primary Physical Custody

Dear ibduno:

Greetings. First, go ahead and get married. Courts are more likely to rule in your fiancee’s favor if you get married. Are you living together now? If so, marriage will fix any issues there.

How do the children interact with you?

Finally, how far does she want to move, etc?


Janet L. Fritts
Attorney with Rosen Divorce
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

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.

Greetings. I’m seeking answers from ANYONE who can offer. My fiancee is going through a drawn-out, long,nasty custody/child support case now w/the mother of his children. She is seeking custody and child support of their two children. The current situation is that he has the children every other day, every other weekend and every other holiday. He pays for the youngest one’s daycare expenses, both of their health/dental insurance, and savings account. In addition, he maintains a household at his residence (clothing, food, any extra-curricular activities, etc), so that she doesn’t have to provide anything additional when they are w/him. Because she doesn’t “approve” of the relationship that we are in, she has decided that she can no longer live in the same city and has decided to move to another city, so that she “can move on w/her life”. She wants to make sure that 1)she gets custody of the children, 2)that she gets child support…which she wants coming directly out of his check, 3)she wants to make sure that the children aren’t to be w/me without him being present…this includes me being taken of his emergency contact list that he provided for the daycare and school. His attorney is pushing for joint legal custody and more than likely the courts will give her primary physical custody. Can you please explain that more w/the information provided. THANKS