Legal Question in Family Law in North Carolina
Dad files for custody after I file for support
I am the mom of an 11 year old and am divorced from his dad and have been for 9 years. We have had joint custody for that time. I moved to Charlotte, with dads permission, because of better jobs and schools(My son is ADD and gets better services here)His dad and I have been friends for the 9 years we have been divorced. I filed for child support in october and told him I was and he agreed. When he got the summons he flipped and got a lawyer and now wants custody. We have a court date now that will look into that and child support. We had a support date but he got it coninued. He has not paid a cent since October and even pulled his payments of my sons after school karate program. He is remarried and I have a feeling the new wife is to blame for some of this. He does not like the new wife and is very irritable when there.I am gay, but he has known and has been fine with it for the past 9 years. The judge in this case is a woman. I have people from the school coming in on my behalf. His dad has not been active in his school life and beyond at all. My question, If I have had him in Mecklenberg county for 2 years and it is very obvious that he only filed because I filed child support, how would something like this in court go? Thanks!
1 Answer from Attorneys
Re: Dad files for custody after I file for support
Sounds as if you are seeking reassurance that you won't lose custody. I can't tell you how the judge will rule. The judge should not let the fact that you are gay sway his/her decision. The standard is "the best interest of the child." It appears that that interest would best be met weith you since you have moved to a better school district for him and you are following up on serivces for him, which it appears that dad is not. You should have your own lawyer to show the judge that the best interest of the child is with you. Dad is not going to get away with no child support. Either party can always move for custody or modification of custody. Obvious is not the same thing as proof. It may appear obvious to you that dad is seeking custody because you filed for support-it is another thing to prove that fact. Even if this is the case-what does it do for your ultimate goal-your son remaining with you? It is not illegal for parents to be a-holes. It might show the judge that he is dealing with a couple of immature parents and really get him/her to thinking. This is just an after thought. Focus on your ultimate goal and the best interest of the child standard and work from there.,
Good luck,
Jim Griffin
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