QUESTION

Have question about modifying and custody

Asked on Jan 15th, 2018 on Child Custody - North Carolina
More details to this question:
Me and my ex husband have a daughter that will be 17 in May.He says she has become out of hand and more then he can handle she currently lives with him in Tenn I live in Nc 3hours away.he has agreed to let her come live with me.Can we make a new custody agreement without going through court or do I need to file papers though the court where we originally filed been neither of us live there anymore??
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1 ANSWER

NA smsattorney@gmail.com
Thank you for asking. Please review the current custody order as it will dictate the course of actions that need to be taken for modification. Most of the time parenting orders have a clause that says if both parents can agree to different custody arrangements than, so be it. Otherwise, you might have to go through mediation or litigation (where the child is now court) to get the custody order modified. The way you presented your question, sounded like you and your ex-husband have no problem getting along as far as communication is concerned, therefore it would be safe to just go with the flow and have him bring the child over with a letter asking you to take care of the child from this point on. What will become of her schooling if she moves? You guys should let her finish her current school year and let her start the new school year at your place. If you like, you can email me the current custody order for general review at smsattorney@gmail.com and I will give you my analysis on it. Looking forward to hearing from you. Good Luck. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.
Answered on Jan 15th, 2018 at 1:29 PM

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