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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 25952
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Unmarried mother trying to get child custody that was

Customer Question

unmarried mother trying to get child custody that was awarded to father because she had no income. she will marry another man and her new real husband will support both. northcarolina does does not recognize common law marriage. the issue is taking the child to the other side of the state where she owns a house. the court awarded both parents the child every other week. there is some mental health issues with the father because he is mean to the child . and the child does not want to go to his fathers . he is 5 years old and tells his mother on the phone that he wants to be with her. the fathers father was mentally ill and committed suicide.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good afternoon. I certainly understand the situation and your concern. There are a couple issues here. The first, is the claim that the mother signed under duress and it was not done freely and voluntarily. If that is the case, she could try and get the agreement vacated, if she can show and has evidence, to support her claim. Moreover, the may concern is and will always be, the best interest of the child. If the child is suffering, as a result of being with the father and his breakdowns or other mental health issues, then the child should be removed from the home. Again, the mother would need to show these issues are present, to modify the current custody agreement. Finally, even if custody is awarded to the mother, she would need to overcome the issue with moving with the child, to the other side of the State. I say this because it would take away visitation rights of the father, so he would not get the see the child every other week, because of the commute. While it can be done, it may be tough, so she needs to gather evidence and show the child will have a better life with her and it outweighs the visitation and time with the child, that the father will lose.

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Expert:  FamilyAnswer replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!