Legal Question in Family Law in North Carolina
property & child custody
I seperated in May 2003. We have--name removed--sep. agreement that we did ourselves. I want to change the sep. agreement, which he has agreed to do. What rights do I have to his IRA, Social Security, etc.? I worked part-time the last 5 yrs to take care of kids, and lost my S.S. benefits for that period by not working FT. Also, we have joint custody. If I were to move to another state, with kids staying in NC, would I still be able to maintain joint custody status?
1 Answer from Attorneys
Re: property & child custody
If you are doing a new or amended separation agreement, you could provide for some portion of his IRA in the agreement. As for the SS benefits, those may be gone upon the divorce. You can generally maintain jpint custody status even if you do move. The IRA and SS benefits are kind of tricky issues and you should consult with a family law specialists about those.
I may have an alternative solution to retaining an attorney to help with your custody issues. If you would like more information, please e-mail me and I will send it out to you.
Either way, I wish you good luck.
Jim Griffin
Attorneyat Law
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