Pittsboro, NC asked in Child Custody for North Carolina

Q: Can the mother filed for full custody even though they have a shared custody agreed verbally w/the father?

They sit and talk 2 days before she filed for custody it was clearly discuss and agreed to retained the schedule of the child with his father and will talked more about them moving some other time because she still need to attend a family gathering. But she blind sided the father and filed for this mediation hearing for their daughter full custody and reversely claim all the allegations filed for the father. Even though the father is supporting the child since birth even to her, even they separated from each other up until now.

(never married)

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1 Lawyer Answer
Adam Bull
Adam Bull
  • Divorce Lawyer
  • Asheville, NC
  • Licensed in North Carolina

A: Either parent can file for custody at any time. Any verbal agreement is not binding or effective and is subject not only to interpretation issues but is not enforceable.

The legal test for custody is what is in the best interest of the child, not whats best for the parents.

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