QUESTION
What are my options to modify a divorce agreement that is not part of a court order?
Asked on Sep 06th, 2012 on Divorce - North Carolina
More details to this question:
Original custody arrangement was fifty fifty legal and physical custody with alternating weeks for our two boys, who are now 13 and 8. Ex took a job 2 yrs ago that precludes him from taking the kids to school so they stay with me every school night. In exchange, he was to pick them up from school during his week and Wednesdays of my week so I can work at my second job. After 2 years of this, he will no longer pick them up on my Wednesdays so I can work. Ex refuses to modify our divorce agreement stating he will not sign anything that gives him less than fifty percent custody. I need to know what my options are.
1 ANSWER
The answer depends on what kind of custody agreement you have. If custody was settled by way of a court order, either by consent or after a hearing, then you will need to file a motion in the cause. This will ask the court to modify the existing order upon a showing of a substantial change in circumstances affecting the welfare of the children.
If there was never a court order regarding custody, you may need to file a lawsuit seeking a custody determination. If there is no prior order, the judge will make a decision based on the best interests of the children.
Good luck!
Answered on Sep 21st, 2012 at 11:53 AM