Modification of custody


Sorry I didn’t clarify, Ex is off drugs now. I would really like some direction on this as father cannot afford to pay lawyer again. Just spent $10,000 less than 2 years ago. CANNOT afford more.


Dear Bluebird98:

Greetings. I think that the incident is unfortunate, but not enough to take away custody from your son (the father). I think he will retain joint custody if he fights for it and can show how well the child is doing in his care. Thank you.

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

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


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.


My son and his ex have joint legal and physical custody of their 6 yr. old son. Each sharing 50/50 time. Father is remarried, ex is cohabitating. The child in queston has a half sibling on his father’s side. The father’s new wife spanked child for lying, ex claimed there was a bruise from spanking, (there was a bruise, but it wasn’t caused by spanking) DSS was called and came to the house and said they could not determine that the bruise was or was not caused by the spanking. Based on this bruise, ex files for modification of custody (full custody going to her). In the past before joint custody agreement, ex abandoned child for about 1 year due to drug usage. Then came back into the picture and got joint custody (mutually agreeded upon before court). Does the father have a chance of winning this???