Permanent custody agreement

North Carolina Divorce Law Divorce and Separation Answers
1

This is my first time going through custody. My ex and I have a Permanent Custody agreement. We are splitting the Summer and this was done by the first of may. Our son Got out of school a month prior than our daughter. Therefore we are splitting the time 2 weeks each. He took the first week. I am taking 2 weeks in the middle and him the last week. And then our summer with both is split equally from there on out. He was notified of these days a month ago via text and Email…

Now he is telling me that he doesn’t agree and that I’m keeping my son from him. (I have texts and emails of the discussion a month ago) He tried to pick up my son yesterday from my home, I refused. He called the PD to come out) they told him that he could only ask for me to give him the kids. I declined and told the PD that he could pick them up on the 3rd and 9th as agreed.)

My question- Is there anything that he could legally do to retain my children before set dates?
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What can I do about the consistent baggering of text and email… it’s interrupting my time spent with my children.

He keeps threatening court and going to the courthouse…

(JUDGE DID STATE, IT’S A PERMANENT CUSTODY AGREEMENT AND HE WOULD HAVE TO FILE A MODIFICATION, EVEN THEN IT COULD TAKE UP TO A YEAR TO HAVE THE CASE HEARD)

2

Does your custody order state that summer visitation shall be equal amounts of time and that the specific dates each year shall be mutually agreed by both parties? If this is the case and the two of you mutually agreed on how the weeks would be split for this summer (and the texts and emails between the two of you indicate this), then he will not be allowed to keep your children for extra days or to pick them up on days other than what the two of you agreed to.

Your custody order is enforceable by law enforcement and is controlling unless or until it is modified by the Court. A custody order cannot be modified unless there is a substantial change in circumstances which affects the wellbeing of the children.

If he is badgering you with unnecessary texts and emails while you have the children, consider not responding to them or only responding one time per day, or whatever frequency you deem acceptable.