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Wife is filing for custody and child support while we are still married and living together?

Greenville, NC |

I did not realize this was possible until recently. We spend fairly equal amounts of time with the kids and I think I have a similarly claim to custody. Is this some type of "emergency" action? I'm curious how long this takes, will I have time to hire an attorney to represent me, etc. I volunteered to meet with her attorney, she has not asked for anything as far as support, ED, and we have barely discussed custody. I've made proposals to her and she has never countered. She has documented mood swings, depression, and sleeping problems and has prescriptions from her sister nurse practicioner. Will court force mediation?

I would like some input to the strategy behind this move? We don't have a lot of assets and this push us close to where we may be bankrupt.

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Attorney answers 1


Even though there might some authority for doing it, I have found most judges reluctant to do anything about custody and child support while you are still living together. I do not believe, however, that it makes a lot of sense for you to meet with her attorney when you don't have one. I don't see what good that will do for you. I suggest that you hire a local attorney now and don't wait for some unforeseen event to occur. That attorney can advise you of the local rules and what the time frames are in which things get done, as well as mediation.

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