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Father wants custody because mother leaves children alone for a few hours

Your Question:
Can father seek and obtain sole custody if he can prove that mother leaves children at home alone sometimes for anywhere between 30 minutes to about 3 hours? Kids ages are 10,8,and 2 and reside in north carolina. Father and mother are saperated.

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My Answer:

The father can certainly seek sole custody, but I don't know if he'll obtain it.

If the 10 year old is particularly mature and capable of watching the toddler for brief periods of time, then it really blows apart your entire case.

What you describe isn't ideal, but I don't know if it would be enough for a judge to give the father sole custody.

If you combine it with evidence that the children have suffered as a result of this, or if the mother is out doing drugs and leaving the kids by themselves, that's a solid case.


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