What can I do?

Dear Rosalie Punch:

Greetings. Thank you for posting! How could the husband get custody? Also, make sure that you understand that joint legal custody does not mean the same thing as joint physical custody. He may be going to court to try to diminish his child support obligation by obtaining half of the time. A good attorney can look at your situation, listen to all the facts, and help determine what his true motivation may be. Child custody and child support can always be changed and modified by court, but I would not take the issue that is so close to your heart (child custody) and trust him in negotiating a separation agreement on that issue yourself.

Bottom line is that if he is calling you so often, he wants something and the only way to work this out FOR YOU AND YOUR CHILD is to get an attorney and negotiate with him a schedule and amount of child support you can live with receiving! Best of luck and let us know if we can help!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.

Thank you Janet Fritts.I had intended to file for a temporary order for custody until the attorney told me that my husband would get custody of our daughter. I left her office about in tears. He has said that he will only sign a seperation agreement if he gets joint custody. He does not seem to understand that he would still have visitation. He wants to just call me and let me know he wants to get our daughter. Will the court go for that? And what about child support? I really don’t want any. I will provide insurance and I would rather he just help get her the things she needs. I don’t mind sharing our daughter. I want her father to be an active part of her life and I want her to know we both love her and will be there for her. He does not see it this way. If we agree to a seperation agreement and draft and file it ourselves (I know this is a risk) can the court help if one breaks it? I just don’t want to waste $$$ and he refuse to cooperate. Thanks again. RP