Sole custody becoming Joint Custody?


#1

Dear beachbum:

Greetings. If you have had more than 130 overnights this year, you may want to file a Motion to Modify Child Support if you have child support set by the court.

Most parents in North Carolina have joint custody, which allows them both to make decisions together regarding the welfare of the minor child. I think that you can obtain joint custody, but what you are asking is whether or not you can obtain an equal amount of your child’s time for living with you. You truly need to sit down with an attorney in your county to see what the child custody rulings look like in that county.

Finally, judges listen to fathers all the time and award more time for them to spend with their children. I think that your wife having a live in boyfriend with no intent to marry may be significant at trial. Just ensure that your motivation is not strictly financial, but is to spend more time with your child. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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.


#2

My ex-wife has sole custody of our little girl. When we signed the agreement years ago, she refused to allow me more than 122 overnights so she could have more money. However, this year I will have more than 130 overnights. I have documented the time on a calendar. Is this enough to get joint custody of my child? It is unfair that I have to pay full child support when the child is with me this much. My ex wife will not agree to this and will not change the agreement. It will need to go to court. Will the judge listen to the father in this case and award joint custody. I would be willing to take the child 50%. Also, the mother is living with a man. She does not plan to marry him. Would this help my case? Thanks for your advice.