Type of Case: Child Custody
Case Result: Sole Custody – Legal and Physical Custody Awarded
County: Guilford County
A father in Guilford County needed to modify the child custody order for his children. The mother had been absent from the children’s lives for about a year now, so he wanted to see about getting sole legal and physical custody of both minor children. He felt it didn’t make sense to continue sharing legal and physical custody with the mother even though she was completely missing from the children’s lives. So, he met with our Greensboro family law team to discuss his options.
Challenges with Getting the Opposing Party Served
A big challenge our team faced, in this case, was a procedural one — getting the other party served. The mother was missing, and they didn’t have any contact information for her. Our family law team and our client were 99% sure that she was homeless. As a result, they struggled with getting her any notice of court events.
However, in court, our team clearly explained to the judge that they had attempted to the best of their efforts to get the mother served. Fortunately, the judge was understanding and she signed the custody order. The judge praised our client for being such an attentive and active father in his children’s lives.
With sole custody, the father can now make important decisions concerning the children’s lives without having to have the consent of the mother, who is no longer in the picture at all.
In this particular situation, it’s critical to have an experienced domestic attorney on your side. An attorney would be able to clearly explain the procedural issue dealing with service to the judge. And, they would know what specific exhibits, such as pictures, to bring to help depict the relationship that the client shared with their children to the judge.
Do You Have Questions About Sole Custody in NC?
Child custody can be a tricky legal matter to handle on your own. If you are trying to obtain sole custody and reside in Winston-Salem, Greensboro, or High Point, our attorneys are happy to help you understand your options. Contact us today to speak with an experienced child custody attorney near you!