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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13754
Experience:  Experienced in multiple areas of the law.
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What should I do? My boyfriend and I separated, but we have

Customer Question

What should I do? My boyfriend and I separated, but we have 2 kids together. He is on the birth certificate, but we aren't together by any means other than having 2 children together. What do courts typically prefer and what should I do to get sole or
majority of custody?
Submitted: 2 years ago.
Category: Family Law
Expert:  RobertJDFL replied 2 years ago.
Thank you for using Just Answer. I look forward to assisting you.The best thing to do, to protect both of you and (hopefully) avoid disputes in the future is to petition the court for an order regarding custody and visitation. Family law judges are going to always do what is in the "best interest of the child" in deciding issues of custody, so there's not any one right thing. What courts prefer is that whenever possible, children have the opportunity to have a relationship with both parents, and both parents be included in raising the children. Sole custody or restricted visitation isn't typical unless there are significant issues with a non-custodial parent, such as a history of abuse, drug or alcohol use, etc. -basically something that would give rise to the court to worry about the health, safety and welfare of the children.Legal Aid of North Carolina has a website dedicated in part to custody and visitation and includes forms and instructions for filing for custody/visitation if you wish to represent yourself: you have any follow-up questions, please us the REPLY feature and I'll be glad to assist you further. Otherwise, kindly remember to leave me a positive rating as that is the only way experts on this site are compensated for their time, even though you may have left a deposit. Thank you.
Customer: replied 2 years ago.
Hi thank you for the first response. In the case of a court hearing, what should be done to best get most of the custody for the child?
Expert:  RobertJDFL replied 2 years ago.
Thank you for your reply. I do apologize for the delay in responding, but I have been out of town and I do not have a good internet connection.
To address your question - a traditional custody agreement will have one parent designated as the primary, or custodial parent, and the other as the non-custodial parent. Visitation often consists of one to two nights during the week for several hours (say, for dinner) and every other weekend. To limit it further, you really need to show the court a good reason or reasons why visitation should be more restricted - for instance, the non-custodial parent spends every weekend drunk, and therefore weekend visitation shouldn't be awarded due to the safety of the children, or, the non-custodial parent doesn't have a separate bedroom for the child to sleep in, so no overnight visits should take place. Remember that even if you and the other parent don't get along, the court is most concerned with the child having visitation and a relationship with both parents and will grant access and contact with child unless good cause is shown otherwise.
If you give me an idea as to why you believe the other parent should have limited contact, I am happy to address your thoughts.