What do I need to do to file for custody in NC?

Question

I've been divorced now for 6 months and neither of us filed for custody of our daughter. We had a mutual agreement that has worked well until he recently mentioned moving to NY and taking her with him. I would like to prevent this by filing for primary custody. I've been told I can do this myself, but I have no idea what forms I need or how to go about filing them. Anyone have an information on this?

Answer 1

most forms are online. if its easier for you, go to the local court house and ask for the documents. they will assist you in providing the correct forms. the process is simple.

Answer 2

You can go to Family Court and file a Petition for Primary Physical Custody and then the father can file for Partial Custody. That will mean that the child will reside with you and that this court will retain jurisdiction. The father may, at some time, be able to take the child with him but would be required to return the child to you at the allotted time. If he didn't, then he would be in violation of the Court Custody Order and could be found in contempt, the child taken from him and returned to you and he be put in jail. Not good to mess with Family Court judges. I would go to the court as quickly as you can and file the petition. A full hearing will be held on the request, but at least you'd have Temporary Primary Physical Custody until the full hearing and that would prevent him from taking the child in the meantime.

Answer 3

I wish I could help you with the custody question. I've come across many couples who find it best if the mother and father live only 1/2 hour away from each other. That way they each get some time with the kids.



My suggestion, and it's only a suggestion because I don't have kids myself, is to sit down with a few real live couples who live nearby and share time with their kids. That way your ex gets a very clear, fair-minded understanding of what works. 800 miles apart doesn't work.



A neighbor in my building has two kids. His ex lives 5 minutes away. They are able to switch kids around within 15-20 minutes. It works for them.



Paperwork and courts are well and fine, but if there's any way you can use other couples to help convince him that being CLOSE is the most important thing to a workable situation. Anything else is a fight that's not worth it.



Give him the real estate example. When landlords buy rental properties, proximity is the most important thing. If the landlord lives in NC and owns a property in NY, it's really, really, really hard to rent it out, fix the toilets, and deal with all the nitty-gritty at a distance.



On another note. You answered one of my questions with:



"i have naturally dislocating shoulders and mine come out all the time. i go to my chiro all the time to get it reset. they can tell and usually do a better job with less pain."



Could you contact me through the Answers email. I'd like to ask you some more advice about dislocating shoulders. Thanks. :)

Answer 4

you need to contact a divorce lawyer, most of them handle custody, child support, so on and so forth. They can give you the best answer. But be prepared to hand them atleast 100 $$ on the first meeting.

Answer 5

below are some websites that will help you out. Many states have online forms, but some do not. Good luck!!

Answer 6

***sweet mildred is in the house...crawl into her playpen***