He wants them 50/50 but I don't want them to be away from me that much. They are 3 and 1.5. We have been together almost 10 years, but unmarried. They both have his last name. He is a good father but he is a recovering addict from pain pills. He relapsed 2 days ago. He has also just recently started working a month ago after being out for 8 months bc he was too sick to work from coming off pills. We are splitting up because I've been dealing with his addiction and lies for years and I'm fed up with it as I've realized I control my happiness and even though he has gotten 90% better than he was, I am fed up with the little lies. I won't try to keep my daughter's from him but I do not want to split them 50/50 as he is wanting. I feel their best interest is to be with their mother.
The standard for child custody in NC is what is in the best interest of the children. The court likes to give joint custody - as close to 50/50 - as they can, unless there is a reason why this would not be in the children's best interest. If he has a drug or alcohol problem, this will be considered. I suggest filing a complaint for custody and asking the court for primary physical and legal custody.
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