Legal Question in Family Law in North Carolina
I am planning on suing my husband for sole custody of our daughter. I had a past dv charge against him that was expunged. I was actually the one who called the police on him but because he had a minor scratch they took me to jail. If the charge has been expunged but you can still google the charge, can he bring this up in family court?
1 Answer from Attorneys
Sole custody is very difficult to get in North Carolina and I strongly suggest you hire an attorney. The public policy in North Carolina is to give both parents joint custody as to keep both in the life of the child unless there is a showing that one parent is unfit. The DV charge which should not be admissible, would very likely not be enough to say you are unfit, bt you need to show that it is in the best interest of the child for him to no have custody...very difficult, you need representation.
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