QUESTION
What are the chances of attaining custody of a child?
Asked on May 30th, 2013 on Child Custody - North Carolina
More details to this question:
Ok this is a rough one. My buddy and his ex-girlfriend have a one year old together. They recently broke up, and this situation has gone critical. They are about to get evicted from their apartment purposely because it would be the quickest way for them to no longer be living together. (His is the only name on the lease, and she refuses to pay rent or leave the apartment) Without exaggerating, the ex-girlfriend does not have any financial stability, stable family, or a safe place to live and raise the child. Meanwhile, my buddy has a full time job, and his (rich) parents have offered to allow him and the baby to stay with them for as long as they need. His mother has also offered to provide child care while he is at work. I know the law heavily favors the mother in these cases, but what are his chances of attaining custody of the kid?
7 ANSWERS
The law does not favor the mother. the law favors the best interests of the child. Your friend needs an attorney immediately .
Answered on Jun 04th, 2013 at 2:36 AM
Personal Injury Attorney serving Atlanta, GA
at
Anthony Overton Van Johnson & Associates, P.C.
Update Your Profile
The first thing your friend needs to do is have a Petition for Legitimation filed in the Superior Court. Once legitimation is granted, he can pursue custody. Based on what you have stated, it is possible that the court may find that it is in the best interest of the minor child that hevis awarded custody. He should have an attorney handle this, as a proper case needs to be built. You can have him contact me to discuss the issue further.
Answered on May 31st, 2013 at 2:49 AM
Family Law Attorney serving Las Vegas, NV
at
Law Offices of Webster & Associates
Update Your Profile
He should consult an attorney to discuss what the court views as important in custody cases such as who has historically taken care of the child, what the parties respective work schedules are, any problems with drugs, alcohol, a history of domestic violence, a criminal history etc. This response is intended to provide general information only and is not a substitute for speaking to an attorney. This response does not create an attorney client relationship between the Anita Webster, Esq. or Webster & Associates and the readers
Answered on May 31st, 2013 at 2:44 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Pretty good, but he has to ask first. Since rich parents will pay for the attorney, it should work out. Having said that, mom still has rights and as soon as she has a stable place to live, she will probably have to have joint custody.
Answered on May 31st, 2013 at 2:40 AM
Family Law Attorney serving Irvine, CA
at
Law Office of Julie A. Ringquist
Update Your Profile
Of course, without hearing from the witnesses and seeing everyone's demeanor (and of course without knowing how the Judge will feel about the facts presented), I can say that my concern is that if dad is working all day and mom is not working, then why would dad have primary custody just so that the baby ends up in daycare? This assumes that mom will have somewhere to live, because if she is truly homeless, that would be a safety issue until she has housing. Will your friend consider sharing custody 50/50? That seems like a better possibility (for both settlement and for requesting those orders from the court).
Answered on May 30th, 2013 at 11:43 PM
The law does not favor the mother, especially with the facts as you have listed. He has as much right to custody of the child as she does under the law.
Answered on May 30th, 2013 at 11:15 PM
Family Law Attorney serving Durham, NC
at
Morelos Law Firm
Update Your Profile
It sounds like your friend is doing all the right things and is a good dad and there is a lot of helpful evidence that will work against the mother if this truly has to go to court. I know it is hard to believe, but there really is no "maternal preference? in custody cases these days - in fact it is actually written into the statute. Just tell him to present the best case possible. The judge is ethically bound to make decisions based on the best interest of the child after weighing the evidence and the credibility of all witnesses. He should definitely consult with an attorney to help him pursue the case.
Answered on May 30th, 2013 at 11:04 PM