Custody Battles: Does the Parent Who Files First Have the Advantage?

Episode Summary:

North Carolina family law attorney Jana Jones explains whether filing first in a custody or divorce case actually gives one parent an advantage. She breaks down when it might matter, how courts really decide custody, and why timing your response is more important than racing to file first. Jana also shares what mistakes dads should avoid early in the process—and why waiting too long to act can hurt your case.

Key Timestamps:

00:00 – Does filing first give you an advantage in custody cases? 01:00 – Why “who files first” doesn’t matter in divorce or property division 02:30 – When filing first can help in custody disputes 04:00 – Why the court always focuses on the child’s best interest 05:00 – Deadlines to respond: 30 days, plus an optional 30-day extension 07:00 – How to properly respond with an “answer” and “counterclaim” 08:00 – Common misconception: filing first equals winning 09:00 – When dads should take action and file for custody 10:00 – The biggest mistake fathers make—waiting too long to assert rights

About the Show:

Advocating for Dads helps fathers understand their legal rights in North Carolina family law. Each episode, Attorney Jana Jones shares practical advice and real courtroom insight to help dads protect their time, make informed decisions, and stay focused on their child’s best interests.