Sole Custody

Sole custody is a possiblity if one parent is unwilling or unable to act in the best interests of the minor child.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780


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.

How difficult is it to obtain sole custody in North Carolina?

Currently, we have a joint temporary custody order granting visitation to my ex every other weekend. We were never married. We have one child together. The child is an infant. Dad lives out-of-state.

Despite my best efforts, dad and I can’t get along. We have a mutual Rule 64 civil restraining order in place limiting our contact with each other. The order state that neither party is allowed to belittle the other one, but the order is largely ignored by dad.

During a doctor’s visit a few months ago, dad changed our child’s address from my address to his address. Before paying the bill, I noticed the address change at the bottom of the discharge form. When I asked dad about it, he said the change was just for billing. I knew that wasn’t a correct statement. Instead of starting an argument in the middle of the doctor’s office, I called the office the next day, explained the situation and had the address changed.

Dad also has the infant car seat in the front seat of his vehicle, despite a letter that was sent from my attorney to his attorney. He has a truck with a backseat.

At a recent court hearing, our judge told dad he was not allowed to cut our child’s hair. Grooming, she said, was the custodial parent’s responsibility. A few weeks ago, dad took our child for a haircut. When I asked him what had happened to our child’s hair he said he had it cut because he didn’t like the way I had cut it.

Things are so bad between us that the judge ordered me not to give any medical information to him except for appointment dates.

I am afraid that if we are given joint custody, we will be litigating minutia until our child turns 18. His judgment also scares me. Is sole custody a possibility?