We are separated for over 6 mths, 3 year old kid living with me ever since with supervised visitation with dad, supervised by me. I have ample proof of DV, and seeking sole custody as DV happened in front of minor with risk to minors security. Evidence of dad’s neglect of kid in pictures and audio evidence of DV available. Will sole custody be granted?
It’s unlikely that sole custody will be granted to you, but the evidence you have domestic violence towards you with the minor child present will significantly affect and limit the father’s ability to receive meaningful custodial time.
The more evidence you have and can present at trial, the better to be able to show the judge the potential safety concerns for the minor child while in Dad’s care.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.