Legal Question in Family Law in North Carolina
My sons father and I have a set custody schedule. He hardly ever gets him and never sticks to the agreement. I have tried 4 times this week to ask if he is going to be able to get him or not, and he has not answered nor does he answer when I call. If he waits till day of and we have plans with my son, can I tell him no? Because I tried to find out several times?
Asked on 12/15/12, 11:42 am
1 Answer from Attorneys
Kenneth Love
Ken Love Law
If he shows up on the date of the agreed upon day, you need to allow him to have the child. You need to document all of his missed dates and refusals to cooperate. This may eventually give you the evidence you need to ask the Court to modify the custody agreement. If you refuse to allow him to have the child, he could argue the same against you.
Answered on 12/15/12, 6:14 pm