How can I win custody and prove I offer better living conditions for my children?

Generally, North Carolina courts apply the best interest of the child test in custody situations. You don't mention whether there is a current custody order in place or if there is an order where it was entered. North Carolina or Texas. This is important because it can determine jurisdiction. Additionally, the home state of a child is typically where the child lives. Normally, the home state has jurisdiction to determine custody arrangements. You also don't state how long the order has been in place. These facts would be necessary to advise someone in your situation. Generally, if a person is operating under a court order or separation agreement that specifies a particular custody arrangement, then in order to change the custody arrangement that person would need to show a substantial change in circumstances from when the order was entered. If this is a NC case, the judge could consider the child's living situation and whether or not a change in custody would be in the best interest of the child. Also in NC, a child who has the sufficient mental capacity to offer a reasoned opinion as to where he/she wants to live then the child can testify either in open court or the judge may hear the child in chambers. The child's wishes are "entitled to considerable weight" but they are not controlling on the judge's decision. In other words, the judge will consider what the child wants but can rule differently if there are reasons why the judge thinks the child would be better off living with the other parent even though it isn't what the child wants. I cannot give you legal advice on your particular situation, but if you would like to discuss your specific case with me, you may call me for a consultation. Legal disclaimer: The response given is not intended to create, nor does it create, an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change. Attorney is licensed to practice law only in the State of North Carolina. Responses are based solely on North Carolina law unless stated otherwise