Chicago, IL asked in Child Custody for North Carolina

Q: I was talking with a coworker of mine who is going through a similar situation as me with putting my son’s father

on child support. She said that he can go to court to get joint custody. I don’t understand. How he could think to do that when he’s not even around our son, he’s with me all the time. I asked my mother about this and she said that he could. My question is even with child support going through he can go to court for joint custody? He’s already said that with me going through with child support that he is not going to send me anything for our son willingly which he hardly wasn’t anyway. If the court ask would I like to do joint custody can I opt out as far as with him being able to go back and ask? or no?

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1 Lawyer Answer

Angela L. Haas

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

A: Yes. He can file for custody. Joint custody is not something you can "opt out" of having to do, if the court orders it. He can ask for joint custody at any time, even if he is not asking for it now.

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