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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28035
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My nephew lives in North Carolina, has three children by three

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My nephew lives in North Carolina, has three children by three different women. He pays child support through his job to the court system for the two oldest. He do not pay support for the youngest son which is 5. He only pays $230.00 for Day Care and he get him some week ends that was agreed upon by the mother and him. Know, he wants Custody of the youngest son.
He received papper work Monday from his job that the company will be moving to Mexico and his last day of work will be, March 30, 2013. He willl receive unemployment and will maybe able to attend school.
He has come to me and I need to know what is best for him and me so he do not get into my parket.
Inez Robertson
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. Can you please clarify exactly what your question is? Are you asking about what he has to do to obtain custody of the youngest child?
Customer: replied 4 years ago.

I know that your answers is merely information for me so I may have a better understanding. Do you think it is wise for him to go for custody since he has never paid support, only $230.00 for Day Care and his job will be coming to an end, March 30th.

Inez, thank you for the additional information. The first thing your nephew would have to do is establish paternity of the child. Once that is done, he could then petition/motion the court for custody of the child. The Judge is always going to act in the best interest of the child when deciding custody and he would need to demonstrate and support with evidence, that the child can be properly care for a better cared for, in his sole custody then that of the mother and/or shared between the two of them. He is going to have to present to the Judge a reason, that the child should be taken away from the custody of the mother. He has a better chance of asking the Judge to award joint custody. Moreover, if there is joint custody ordered, it is possible that child support may not be ordered, since they both have the child 50% of the time. Of course, something like the cost of day care may be shared and other expenses for the child, which are needed for their well being. Now, if paternity is established and custody is not awarded solely to him or even shared, the mother could then ask the court to order child support, in the event what he is giving her is not enough. Your nephew can obtain and likely file the necessary forms on his own if he wanted to and obtain them from the clerk of court in the county where the child resides. In addition, here is an example of what he will have to fill out and a step by step guide of what needs to be done. The county is likely different but that can be modified if needed.

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Hi. 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!