It is possible that you could ask the court to modify this provision of the agreement, especially if there is no other reason to require that a relative be present for the exchanges.
Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@rosen.com
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
When my exhusband and I agreed on the custody arrangments for our two boys I unfortunately agreed that a “blood relatives” would alway be present on the exchanges. I live in Tennessee, and my ex lives in North Carolina. We agreed to meet halfway, (2 1/2 - 3 hour drive one way) so we meet at the Kingston Exit, off Interstate 40.
Recently there have been times that a “blood relative” hasn’t been available to do the exchange. For example, I was sick last week and couldn’t take the boys, so my boyfriend took them. My ex has called and threaten me saying that my boyfriend is not allowed to deliver or pick up the boys.
My question is, if he were to take me back to court for contempt, would something like that stand up in court? I know it’s something we agreed upon, but at the time my ex wouldn’t agree to the custody arrangement unless I did.
Another thing…my ex hasn’t come to any of the exchanges since this was agreed upon one year ago. He always has his Mother, Sister, Aunt, or Cousin deliver the boys. My ex says he doesn’t come because he’s on Probation and can’t leave the State. I’ve checked with his Probation Officer and he said that my ex hasn’t been on probation for quite some time. However, I know his auto has been impounded by the Police due to two pending drug charges, and I think his license has been revolked. Eventhough he can’t drive and doesn’t have a car, he could still ride for the exchange.[?]