Custody ?

[Grace_Adler]

What is the name of your state? NC

A divorce was filed through the court. The complaint was based on 1 yr seperation and has no mention of the children born during the marriage.

The answer stated that 3 children were born during the marriage, lists their ages, birthdays and says: "All of which will remain in the care of the Plaintiff." That's all.

The judgement has a section called Findings of Fact and under part of it and it lists the children born during the marriage, no birthdays, and says : "all of whom will remain in the custody of the Plaintiff." That is all it says about custody and the children.

I was told a while back by a lawyer that it does not mean the Plaintiff was granted sole custody. That since there is no custody order it was joint custody automatically..BUT the lawyer only read the complaint and answer, NOT the judgement.

So is the lawyer still correct? Does this mean the Plaintiff does not have sole custody, just that they are residing with that person and under their care and it's still joint?

Thanks in advance for any input.

 

[Whyte Noise]

"The judgement has a section called Findings of Fact and under part of it and it lists the children born during the marriage, no birthdays, and says : "all of whom will remain in the custody of the Plaintiff." That is all it says about custody and the children"

I would think that DOES constitute a custody order. It says that the children will remain in the custody of the Plaintiff. And if that's the judgement, and the judge signed off on it, I think it would be enforceable. Although it IS very vaguely worded. Just curious as to a couple of things... Why didn't the original complaint mention anything about the children or custody, and why isn't there a specific order pertaining to custody and visitation? Just being nosey.

 

[Grace_Adler]

I have no idea. The plaintiff had someone draw it up and filed it through the courthouse. Being that the plaintiff isn't the sharpest tool in the shed they probably thought this meant sole custody. I dunno...? The plaintiff was also in a huge hurry to get married. If you guys want more details on that I'll be more than happy to oblige to satisfy any noseyness (sp? don't even know if that's a word..LOL.. but it is now)

Did some research on what we were talking about before, I can share on here or email you. I had alot of fun yesterday. LOL! I really should work in a law office or at the least, be a PI. LOL!

Anyway neither the Plaintiff nor Defendent knew anything about divorce, custody, visitation, ect. They had no clue about this stuff as far as I know, I know the defendent didn't anyway. So I guess they didn't realize this stuff could or should be included in a divorce. To tell you the truth, I didn't have much knowledge either till I came here. I still have alot to learn though. Didn't know about final judgements..ect.

I guess it's just because of ignorance. (You people know I mean not having knowledge, not calling someone stupid, as this word is often misused.) Being that both of them couldn't wait to be legally divorced I guess that's another reason why neither one really checked on things or thought to do it.

The lawyer said most of the time when people are filing themselves they have no clue what they are doing and sometimes mess things up for themselves ,someone else or both.

I have no clue who drew it up, or if this is a standard answer and complaint when someone files pro se or what. ???