What can I do to make sure that I obtain custody of my children?
Asked on Mar 24th, 2012 on Child Custody - North Carolina
More details to this question:
I have two children, their father and I were married, but we separated in 2007 and have been ever since. We still have yet to file for an actual divorce. He recently attended a legal aid class to file the necessary paperwork to proceed with a divorce but we are still legally married. Since we've separated and even when we were married he was never apart of the children's lives, didn't attend birthday parties, Christmas', Easter, etc. And only provided for my 8 year old financially sporadically and has provided nothing for my 3 1/2 yr old since the day she was born, my fiance does and has since she was 5 months old, with the exception of the court ordered child support that he is made to pay for the past 2 1/2yrs. In the past 9 month he has come to pick them up 1 time to spend a Saturday from 5:00 pm to Sunday till around 2:00pm. He lives within walking distance to us& on numerous occasions I would offer to bring them to him, pick them up from him&even provide food for them so there was no excuse for him not to be able to see his children other than he simply doesn't want to, he constantly makes promises to them and then breaks them and I want to know what is my best legal option as far as me obtaining 100% sole custody of my children to protect me&them from his unpredictable ways and how do I go about starting the process?
First, I strongly suggest you consult with an attorney in your area. The complexity of your case means that you really need legal counsel. Getting a divorce will not settle issues of child custody . In order to get a custody order a couple either needs to agree to the terms of custody and complete a parenting agreement or consent order for the judge to sign or one of the parents needs to file a lawsuit with the court for custody. In NC the court will always consider what is in the best interest of the child.
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