If a mother lost custody of a child after being proven unfit…and then later had more children…one of them being my child per the State of Birth/Birth Certificate…what are the chances of getting sole custody of my son? I am not aware of her record re: arrests/drugs/larceny…but I do know that she is using a very similar drug she was charged with of which showed her as unfit then…would it benefit me to try and get her charged with state benfits fraud…if I could prove it? And what should I do in the meantime re: temp/custody/visitation… I am fairly certain she is trying to file for child support, and all the while she hasnt been paying child support that was mandated by courts of NC to her ex husband for support of her daughter… What do you think?
The finding that she was an unfit parent to another child in the past does not guarantee you custody of your child, and may not even be relevant at this time. The court will consider all the facts in the present case. You need to file for child custody and include a claim for temporary custody as well to ensure that you get before a judge soon.
The mother of son is now serving me with Mediation papers through the sherrif. Once recvd…how long do I have legally to respond prior to filling a Motion to wave mediation, and then serve Custody order? The Sherrif said that the mother hand delivered pack for mediation today? Is it 30 days? Or contempt?
You have 30 days to respond to a Complaint, and should file a motion to waive mediation as soon as you are served. You can be fined for missing mediation if you the same is not waived before the scheduled date.