Legal Question in Family Law in North Carolina

#1 Son

My wife and I have recently seperated and before doing so we had an oral agreement of joint custody for our son. Since that time she has refused to agree to that decision. Our son is my only biological relative, and our terms of seperation is no more than she does not want to be married any more. Does she have any more right to deny me joint custody than I have to request it? (She left me to move in with a friend that she met on the Internet and I consider that a dangerous situation) If that makes any difference.

Asked on 12/03/98, 7:09 pm

1 Answer from Attorneys

Cynthia Carroll Cynthia Y. Carroll, P.A.

Re: #1 Son

Joint legal custody is common in NC, and in some districts, once the judges has determined that both parties are fit, he/she will then determine which parties will be the primary and secondary custodians. So long as you are a fit and proper person, you are very likely to get joint legal custody. You certainly have every right to ask for it. Verbal agreements are not bindings in custody matters. Hire an attorney, and get a court order.

Cynthia Carroll

Cynthia Y. Carroll, P.A.

1916 S. Glenburnie Road

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Answered on 1/18/99, 8:16 pm

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