Visitation Modification

Dear GoodDad,

Courts in North Carolina generally do not award 50/50 custody. The judges tend to stay away from that type of custody, because it requires the parents to get along pretty well, and if they are in court, then they weren’t able to reach an agreement (so they probably don’t get along too well.) You should make sure you can show you have been an active parent, even from across the country, and that it would be in your child’s best interest to spend half the time with you. If you can also show that you are willing to be flexible and reasonable with your former spouse, you may be able to pursuade a judge to lean more toward 50/50 custody.

Good luck,

Shonnese D. Stanback
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 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.

Been divorced 1.5 years. Have joint physical & joint legal custody of three year old. Got divorced in LA; ex moved to NC and recently I moved here to be with my child. Need to modify visitation agreement because it is based on me living in LA and ex living in NC. Have used all visitation given to me for the last 1.5 years. Asking Court for 50:50 visitation, ex fighting me very aggressively. What are my chances? Thank you.