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My husband and I are separated in NC and I am currently writing

Customer Question
up a separation agreement so...
My husband and I are separated in NC and I am currently writing up a separation agreement so that he'll have our son every other weekend and every wednesday. He is saying that he will not sign the separation agreement and will take me to court to fight me for our son. What is the likelihood that he will get more custody? He is also in the military and I only work part time. We are getting a divorce because I committed adultery. He is claiming that he has proof and will use it against me if I don't give him the custody agreement that he wants. The reason he wants more custody is so that he will have to pay me less. He is also only paying me $200 support for my son and I. How quickly will I be able to get more support?
Submitted: 7 years ago.Category: Family Law
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Answered in 3 minutes by:
8/1/2010
Family Lawyer: Samuel II, Attorney at Law replied 7 years ago
Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27,011
Experience: General practice of law with emphasis in family law.
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Hi

 

How much more custody does he want? Do you believe he can prove the adultery?

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Customer reply replied 7 years ago
He says he can, but he is also trying to scare me. There has also been abuse that I didn't report that happened about a month ago, is it to late to report it? He wants our son no less than 130 days of the year. Which from what I understand then means he would have to pay me less
Family Lawyer: Samuel II, Attorney at Law replied 7 years ago

Hi

 

It is not too late to report any physical abuse. You can make the police report now. The domestic violence may out weigh your adultery behavior. Both will have an impact on what a court does concerning spousal support and also as to custody.

 

Most instances, a court will try to give a shared custody as they feel being with both parents is always in the best interest of the child. Of course, they will consider if having that arrangement is in the best interests of the child and they will balance it with any phycially violent behaviors he might be found guilty of. But he needs to be found guilty.

 

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Customer reply replied 7 years ago
So since I will only be working part time and our child will be with his mother as apposed to in day care if he gets the custody i will most likely get what im asking for?
Family Lawyer: Samuel II, Attorney at Law replied 7 years ago

Hi

 

Being with a parent is always more advantageous to a day care, yes. It is very possible that you can design a visitation accommodation that a Court will find in the best interests of the child.

 

However, if you are only working part time and are able to work full time, depending on your "earning capacity" you may be required to more than a part time salary as a basis for child support. Therefore, it is entirely possible a court would order "shared" custody.

 

 

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Customer reply replied 7 years ago
Relist: Answer quality.
Family Lawyer: Samuel II, Attorney at Law replied 7 years ago

Hi

 

Please explain what else you would want to know in this regard. You may continue to post here until you are completely satisfied. Remember, I don't make the laws or court room decisions. As a JA expert, I can only give guidance and information on what you asked.

 

I want to try to assist you. But I can't make it up to something you want to hear.

 

Here is the law from the NC Code on how Child Custody is determined. Perhaps that will help you. Particularly, you can read this section here

 

 

Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27,011
Experience: General practice of law with emphasis in family law.
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