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If my ex was awarded custody but leaves the kids in my care, should I get something from the court?

If my ex was awarded custody but leaves the kids in my care, should I get something from the court?

Full question:

My ex-husband received primary custody, but he has decided to leave them in my care. Do I have to have a Lawyer to do a motion or can I do it?

Category: Divorce
Subcategory: Child Custody
Date: 04/07/2025
State: North Carolina

Answer:

Please see the forms at the following links, which may be modified to suit your needs:

http://www.uslegalforms.com/us/US-00774BG.htm

http://www.uslegalforms.com/us/US-00936.htm

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is a custody dispute?

A custody dispute occurs when parents or guardians disagree about where a child should live or who should make decisions about the child's upbringing. This can involve legal battles over physical custody (where the child lives) and legal custody (who makes important decisions for the child). Courts typically resolve these disputes by considering the best interests of the child, which includes factors like the child's safety, emotional needs, and the parents' ability to provide care.

How to deal with a nasty custody battle?

Dealing with a nasty custody battle requires staying calm and focused on the child's best interests. Consider seeking mediation to resolve conflicts amicably. Document all interactions with your ex-partner and maintain a record of your involvement in your child's life. It may also be beneficial to consult a lawyer for guidance on your rights and options. Avoid speaking negatively about your ex in front of the child, as this can impact custody decisions.

What not to say in child support court?

In child support court, avoid making negative comments about the other parent, as this can reflect poorly on you. Do not exaggerate your financial situation or make false claims about your income. Stay focused on the child's needs and your ability to provide support. It's also wise to refrain from discussing personal grievances unrelated to child support, as this can distract from the case's main issues.

What not to say during a custody battle?

During a custody battle, avoid making disparaging remarks about the other parent, as this can harm your case. Do not make threats or ultimatums, as these can be viewed unfavorably by the court. It's also important to refrain from discussing personal issues that do not pertain to the child's welfare. Focus on presenting facts that demonstrate your capability as a parent and your commitment to the child's best interests.

How to prove you are a good parent in court?

To prove you are a good parent in court, gather evidence that shows your involvement in your child's life. This can include records of school attendance, medical appointments, and extracurricular activities. Character references from teachers, coaches, or family members can also be helpful. Document your parenting practices, such as providing a stable home environment and meeting your child's emotional and physical needs. Always emphasize the child's best interests in your arguments.