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FAQ

  • FAQ

    • How can I get full custody of my baby with visitation for her father? Or possibly have her primary residence be with me?

      Q: In November, I let my 6 month old go with her dad for the weekend and once Monday came he said he didn’t want to bring her back home because he felt like she was unsafe & I was unfit to have her. The things he spewed out of his mouth were complete lies, I have 2 other children from a previous relationship also. My parenting has never been questioned and it has always been praised from his own family as well. He claims I abandoned her and neglected her when in fact I let him know ahead of time I would be leaving for a few days to get my mind in a better space, (I was diagnosed with mild postpartum) so things became overwhelming. I made sure I left our daughter with him safely and I also made sure my 2 other children were left safely with their father. He claims I neglected our infant daughter & abandoned her. We also had a bad falling out (relationship issues) I moved on and didn’t want a relationship with him anymore… so I truly don’t know if he’s holding our child away out of spite or not but It just doesn’t make sense. He filed for custody against me and I was served. We went to court and they told us we had to do mediation, our date for mediation is set for Jan 5, 2022

      Zachary’s answer: You’ll need to hire an attorney that’s experienced in family law. Generally, I advise people to hire an attorney that practices exclusively, or at the very least, primary in that county. It’s impossible to determine from a short paragraph what you should do or how this will pan out. What you do between now and the custody hearing may be critically important, so you need a good lawyer that can advise you every step of the way. The following is a blog post that I wrote that gives a comprehensive list of the things the courts will consider when determining custody. https://www.zachjacksonlaw.com/2015/03/how-is-c...
      I’d suggest that you read it carefully. Make sure that you are doing your best to do the things on the list. Also, make sure you’re gathering evidence so you can prove that you’re doing those things. Good luck!

    • Family court jurisdiction?

      Family court jurisdiction?: If i have been awarded custody in a temp custody agreement from my childs father filing in his county of union county yet i live in mecklenburg county and I am having to file for emergency custody due to many reasons I dont care to list on here, am i suppose to file in union or mecklenburg county for that? Thanks in advance

      Zachary’s answer: You’d definitely need to file in Union County. I’ve been practicing family law since 2007, and I don’t think I’ve ever seen someone successfully get an ex parte emergency custody order without the assistance of an attorney. I’m a family law attorney in Union County, so if you’d like to see if I can help, please feel free to contact my office to schedule a consultation. 

    • Can I turn on the location on the child’s phone while they are visiting with me?

      Q:  Is it illegal to turn the location off on my child’s phone while they are with me. The mother watches and tries to tell me how to spend my time with them. I need to know can I turn the location off without it being illegal?

      Zachary’s answer: There isn't a law against it, so unless the custody order specifically says otherwise, you can turn it off. That being said, I'm not sure it's a good idea. Sometimes, you can do things that involve the children that aren't illegal, but they can still upset your judge. I can't say in this case whether or not a judge would frown on the act b/c I don't have enough information. My inclination is, you should leave it on though. Not b/c turning it off is illegal and not b/c it will upset a judge; my primary concern is for your kids. Turning it off will unnecessarily provoke and aggravate the mother. By adding to the conflict between the two, you may not be acting in your children's best interest. If you can take the high road, take it. I bet your children will appreciate it.