The standard in a child custody is the “bests interest of the child”. There are not particular standards for mental/verbal abuse.
Pursue custody of the child.
Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607 NCdivorce.com
(919)787-6668
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.
Within the framework of the “best interests…” standard, how do you think the specifics, as outlined above, would influence the determinations? What strategies could be employed to make use of those specifics?
Your facts would be compelling to a judge. The question is really what kind of evidence will be offered by the opposing party. Pursue custody and tell your story.
Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607 NCdivorce.com
(919)787-6668
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.
Do you think that the mother’s being out of the house (NOT out of contact w/ the child) will have a significantly negative affect on the case? If so, how could this be mitgated? Some ppl have suggested that this is nearly tantamount to a sure loss. what are your thoughts?
I am not an attorney - but abuse is abuse - and I think that that a judge would have mercy on the situation due to the child’s best interest. Why keep the child in a situation where she is not happy? I left my first husband, and left my daughter with him, because he refused to allow her to leave with me. I realized I had to save me before I could be the MOMMY she needed me to be. It was extremely difficult to leave - but I did regain custody of her after a few years. I am/was not a bad person - just needed to save ME before I could do what I needed to do for HER.
The best interest test includes all relevant factors which affect the life of your child. I seriously doubt that it is in the best interests of your child to remain with a party that finds it easy to harass and abuse someone else. Nevertheless, the longer you are away from the child, the harder it will be to seek custody. Your child is probably the most important thing in your life and your unhindered time with your child will be important to the court. Best of luck and keep us posted on your success!
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607 NCDivorce.com
919-787-6668
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.
At this point, does the residency status of the mother make a difference? its been 3 months since moving back. Is it necessary to wait until 6 months have passed (i.e. to establish NC residency)?
If proof is needed to back up ones claims of abuse, can video/audio recordings be used if the party being recorded doesn’t know that they are being recorded? how would this type of ‘proof’ be viewed by the court? would it be acceptable?
Greetings. As long as you are a resident of North Carolina for over six (6) months you can file here.
Please contact an attorney to get a clear review of wire tapping laws. Generally, tape recordings and video tapes can be used in court if they are authentic. Best of luck.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607 NCDivorce.com
919-787-6668
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.
How strong is an argument is mental/verbal abuse when determining child custody? What are the standards regarding proof of such abuse? If the husband engages in a continual effort to thwart the relationship between the child and the mother, how does this affect child custody determinations?
here’s the scenario…
A husband and wife with 1 child are residents of NC and live in a remote area. The husband is a chronic marijuana user who is extremely abusive mentally and verbally. The husband engages in a continual effort to thwart the relationship between the child and the mother. The wife is basically treated as another child and is subject to dialy verbal abuse. She is not allowed to have a vehicle or have any control over any of the finances. The wife decides to leave, but without any means of her own cannot simply pack up and leave without the help of the husband who says that she can go, but that the child must stay. The wife leaves and resides in another state for 2 yrs. During this 2yr period she is subject to continual harrassing phone calls and any attempts to have a relationship with the child only provoke more harassment. The husband continually threatens to deny access to the child which is fairly well documented with many emails and phone messages. After 2yrs the wife, who cannot stand to be away from her child goes back to the husband to be with her child. After only a few months there she wishes to leave again, but wants custody of the child. what can she do?