Mesa, AZ asked in Family Law, Child Custody and Military Law for North Carolina

Q: How would My civilian wife be considered to be the best interest of the children when she doesn't work

She doesn't have a place to live, she smokes weed, and had another man in our home while the kids were there. She calls me names in front of the kids and yells at them all of time. I am trying to get custody and the grandmother said she would drive here to take care of them is that an option?

2 Lawyer Answers
Amanda Bowden Houser
Amanda Bowden Houser
Answered
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: If you are referring to your wife as a civilian that likely means you are active duty military which right off the bat makes you a less than describable candidate for custody. You then go on to say something that is completely untrue. Namely that she yells at the kids all of the time. She may in fact yell at the children a lot and inappropriately but nobody does anything 'all of the time' - except maybe exist. When you make statements like that that can not be factually true it calls in to question the accuracy of the rest of your statements. So bottom line, if you want custody, you need to consult with a family law attorney where the children are currently residing. Best of luck.

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

A: These are all issues and facts if proven are factors for the Court to consider in the best interest of the children. A parent not working is not a big factor as it is hard to relate to how that would effect the children, and in fact may be a positive for mom if it provides her more time to be with the kids. As far as her "boyfriend" the queston is he a good influence or not on the kids.

Discuss all of these issues with your attorney. Request a drug test of her and the children to determine if she is using around the children.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.