Visitation

North Carolina Divorce Law Divorce and Separation Answers
1

What is the “normal” route judges go for visitation and custody of an infant?

Here’s the facts,

  1. There was no marriage and father was not there for birth so his name is not on the bc.
  2. Baby is now almost 1 month old and Father has not even bought a pack of diapers, let alone call to see how baby is
  3. Mom has not filed for Child Support because she is afraid a judge will “make the baby live from a suitcase” and make baby’s life unstable and Father threatened to ask for a 3 day 4 day overnight split if she went for CS.

So what is the normal idea in NC for an infant schedule? And does it make a difference that dad has made no effort at all?

2

I am in Guilford County and I will warn you that here they are adamant about placing children equally with both parents until the child is school age no matter what the circumstances are. My son’s father quit his job and started business in real estate with his girlfriend (which he is now cleverly hiding his total income) after I filed for custody and he was able to get joint custody even though I had physical custody of my son for the majority of the time and his father and I live 2 hours apart. However, I presently have primary custody since my son started school this year and we cannot continue the every other week schedule. Good luck to you.

3

There is no “normal” custodial schedule, as each case is different, and I cannot predict what a judge would do in any one case. Based on the facts you list however, my opinion is that the father would not be awarded 3-4 day overnights with a one month old infant, but rather, short, frequent visits of a few hours each.

4

I just want to say that I have heard of some bizarre rulings in this county. One in particular that I found very disturbing was that a judge ordered a 6-month-old infant to be with each parent for 3 month periods of times as they lived in 2 different states. The mother had moved to Pennsylvania to live with her parents until she could afford her own place, and the father filed for custody in Guilford County, NC. They are getting some new judges in this county, and I am hoping they will change their ways here for the sake of the children.