Is it true that my child’s father will get custody because he’s in the military?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it true that my child’s father will get custody because he’s in the military?

He says that the court will rule in his favor because he is more financially stable and is able to provide for our child easily. Even though I do struggle I believe that I am doing a good job raising my child and have been for the past 4 years.

Asked on June 20, 2012 under Family Law, North Carolina

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

North Carolina, like many states, does not have an "automatic" custody rule.  Instead, they use a standard called the "best interest of the child" to determine who should be awarded custody.  They will consider things like income, ability to care for the child, history of adequate or inadequate care, history of abuse, collateral support (like family members near by), and any special needs of the child.  These are just some of the factors that the court can look at, but it's not the "whole list" and no one factor controls over the other.  The dad does have an argument about financial stability.  However, you have a counter argument that you have historically provided for the child, especially in periods when he was unavailable because of his career.  You chose stability for your child.  Flip this to your advantage.  If he is threatening court action soon, start now at developing other factors in your favor using some of the things listed above-- like the support of your family, things you do to help your child grow (ex:  every weekend we attend reading program at the library), flexibility with your employment, and witnesses who could testify regarding your parenting skills.  The best interst of the child is based on factors, so make your list as long as possible.  You may also want to start saving now for a family law attorney in the event that he does file suit.  Alternately, see if there are any legal services or legal aid organizations in your area that can or will help you at a reduced fee.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption