Legal Question in Family Law in North Carolina

I have a separation agreement is there anything that can override this that both parties do not have to know about. I believe that my ex is trying to take my son back regardless of legal custody arrangement during a extended stay.


Asked on 5/25/12, 12:50 pm

1 Answer from Attorneys

When it comes to child custody and support, these matters can always be revisited by the court regardless of what the separation agreement says.

That said, this all depends on a whole host of factors that you do not discuss. When was the separation agreement made? How old is the child now? Hold was the child when the separation agreement was made? Why does the father want custody now? What circumstances changed? Is it that the father really wants custody or is that the father does not want to pay child support? How is it that you think that the ex-husband wants custody? What does the agreement say about that if anything?

The court is going to get you to try and work something out. It will be cheaper foor you in the long run and better for everybody if something can be addressed on paper first. Maybe the visitation schedule needs adjusted. Or maybe the father can have the child more often or for longer periods, like a month in the summer or during school breaks. You first need to see why the father is acting like this and see what the real issue is. If its child support and he does not want custody really that is a different question.

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Answered on 5/25/12, 1:38 pm


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