03/27/12, 1:01 am
What are the biggest factors for determining custody of minor children in North Carolina? Currently my ex-wife and I have a custody agreement that states that I pay x amount of child support and have the kids every Friday to Sunday. In actuality however I for the last year and a half I have had the kids from Thursday to Sunday and for the six months prior to that I had them from Wednesday to Sunday. In addition, my ex-wife has moved three times in the last year, gotten a DUI (and probation), and has driven with no driver's license for the last 5+ years. I am remarried, have a good paying job, and have a stable home for the last two years with no intention of moving. Please let me know if you feel that these are relevant factors in determining custody.
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United States   |   North Carolina  |  Child Custody Law
Cost: Free


Meleisa Lane Says:

Apr 18,2012 4:53 PM

You have stated that you have a custody agreement. My response will be tailored to that fact and would be different if you had a consent order (where a judge has adopted your agreement as a ruling of the court). Your and your ex-wife's relative abilities to provide for your child's stability will be relevant factors for obtaining an initial child custody determination, In addition to the stable home that you can and do provide for your child, you have deacribed a parental history (in terms of time-aharing) that demonstrates your ability to care for your child over an extended time period. You already have, in effect, shared custody of your child. Each factor you have listed is quite relevant to a court's ultimate task of placing your child in a court ordered arrangement that promotes your child's best interests. If you are the person who initiates the action, you may be able to convert your shared custody arrangement into your having primary custody by court order. If your ex-wife's drinking problems are extreme, you may also be able to limit her to having supervised visitation.

Meleisa Lane
Lane and Lane PLLC
1995 Skibo Rd Ste 101,Fayetteveille, NC 28314

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