Legal Question in Family Law in North Carolina
bchild custody
my daughters ex husband is taking her to court for primary custody of their 8yr old. When they divorced she was awarded primary custodian and he was secondary. He is claiming her to be unfit. which is not true, she is getting letters from family,friends,school and daycare to prove otherwise. Will the judge ask the 8yr old any questions on who she would want to live with? Does the judge need consent from both parents to do so? What are her chances of winning this case?We think he is being stationed in japan with his family so that is why he wants custody to take her with him. thanks
1 Answer from Attorneys
Re: bchild custody
The judge will probably speak to the child in private, without the parties. Counsel have the right to be present, if both parties are represented. The judge does not need the parents' consent. The court may take into consideration an 8 year old's preference, depending her maturity, reasons, etc.. The father would need to separately get court permission to be able to remove the child either from the state, or the country.
As to whether she can win the case, there is insufficient information provided. Father has the heavy burden of proving that the order and living arrangements be modified. It would benefit her to have legal representation, especially where it concerns such a serious matter as custody of her child.
I have several office locations, or am available by telephone.
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