Charlotte, NC asked in Family Law and Child Custody for North Carolina

Q: I'm a father of 2 and I wanted to know how I can get full custody of my 2 little girls

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2 Lawyer Answers

Amanda Bowden Houser

  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: By consent of the other parent or by convincing a Judge to order ti.

Daphne Edwards

  • Divorce Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: I know how difficult custody issues are for my clients and am often in awe of my clients who deal with hard custody situations on a daily basis. There are two kinds of custody: (1) legal custody, which is the right to make major decisions for the child, like medical care, educational decisions, and religious upbringing, and (2) physical custody. Most parents have shared or joint legal custody, although in some situations one parent will have sole legal custody if the other parent has significant problems, like an addiction.

For physical custody, the parties may have joint physical custody, or one party may have primary physical custody with the other party having visitation. If you are seeking primary physical custody, so that the girls are with you more, then you have to prove that it is in the girls' best interest to live with you for a greater period of time. The court determines custody based on what is in the "best interest" of the children. The court will look at a multitude of factors, including parenting skills, relationship with the child, needs of the child, wishes of the child, and character, personality and conduct of each parent. All of the evidence you present will be to show the court that it is in the girls' best interest to be with you primarily, as opposed to the other parent.

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