Proof to get custody


#1

Dear kristalclear:

Greetings. Some preliminary questions: How did you find this out? Also, how old are the other two children? Finally, what is the actual schedule of custody?

Also, the magistrates office never deals with custody, so you would have to go through the domestic court in district court. Thanks

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

ROSENDIVORCE.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.


#2

I first found out from my younger sister whommy 17 yr old son and his best friend told and then I verivied it with my ex-husband’s best friend who was at the party and witnessed it. I then point blank asked my son and he admitted it.

We have 3 kids, 17 yrs old son, 13 yr old daughter, and an 11 yr old daughter.

Currently we share custody - they live with him one week and with me one week - there is no child suport. In our agreement we agreed that he would pay car insurance and I would pay health insurance and then we would split everything else but that has not happened. I have wound up paying almost everything else but because we did not have a specific dollar amount that was agreed to I am not sure that I can even pursue getting support from him to help with their bills.

Thank you for taking the time to respond.


#3

Dear kristalclear:

Greetings. Two things: 1. Make sure this is about the issue of inappropriate parenting and not child support. If it is totally about his parenting issues, then you first must address it with him and let him know that his behavior is inappropriate in writing and demand that he respond with an action plan on how to deal with this.

  1. If he earns more than you, then it is likely that you can still get child support even when equally sharing the children. I suggest that you use our calculator to determine the amount and pursue that issue separately. At the same time, but through child support enforcement. Thank you.

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

ROSENDIVORCE.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.


#4

I have just found out that my ex husband, whom I share custody of our 3 kids with, has allowed my 17 yr old to get drunk at his house. My ex has frequent parties where there is a lot of drinking and he is now allowing my son and his friends to participate. On one instance it was his girlfriend that gave the liquor to my son.

How much proof do I need that this has happened in order to get sole custody of my kids? Do I have to get a lawyer to handle this or can it be done through the magistrates office?

I don’t want to keep my kids from their father but I cannot tolerate him allowing, condoneing and even promoting such behavoir.

Thanks