Single Parents

Can someone walk me through filing custody?

I'm about to file custody papers on Monday and have a few questions.  When you initially file what happens?  Will my attorney put in the papers exactly what I want custody/visitation to be and then STBXH either agrees or disagrees?  Or does the attorney just file something (?) and then what?

I'm really confused...

I'm in NC if that helps!  Thanks!

Re: Can someone walk me through filing custody?

  • Usually Ex should file for custody, you file for child support. But I was never married so I'm not sure how that works. Ex filed with his attorney ( to his specifications I assume) I'm sure I'll be receiving the papers soon. I'll review them with my attorney and if we don't agree we will get a mediator. But yes, you can come up with whatever terms you want. If he doesn't agree it just makes the process longer. Dont file unless it's necessary, I'd wait for him too. it took my ex 1.5 years.
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  • No No NO,PP!   She should file custody b/c she was married.  Legally, it usually defaults to 50/50 until specific orders are in place.  AND this is where possession is 9/10 of the law comes in, since he has just as much legal custody as she does if he runs off w/ the child without specific orders in place as to where the child resides and when visitation ends, he can keep that child.  It won't be kidnapping, it would be parenting.

    Everything else she said was pretty much accurate.

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  • Ok my bad. Since I wasn't married, I wasn't sure :) Thanks for the correction! 
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  • This is where I have the question...we were never married, so do I even need to file custody? And if I have an arrangement w/ DB to have LO one full day and pick up from daycare 3 days, can he "take" him from me?  Or decide WHEN to bring him back?  This is where we disagree, I want him back by 7pm, DB says "Maybe I can't get him back until 7:30"   GRRRRRRR  Or as birth mother am I granted custody?  Or should I get this stuff in writing?
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