Breaking a sep agreement


#1

My husband and I signed a seperation agreement on our 17 year old son in front of a notary. The seperation agreement states that we both agree to have it incorporated into divorce filings. I filed the divorce papers and the 30 days passed with no response from him. I have a court date set for 12/17. He is now stating that he intends to be there and ask for custody. Is it possible for him to do this since we have the signed agreement and he did not respond during the 30 days? Neither of us have an attorney. Thanks!


#2

The divorce hearing is not the proper place to ask for custody. If you have the agreement incorporated, he would have to file a motion to modify the custody since the agreement would be an order. If the agreement is not incorporated, he will have to file an action for custody or file a counterclaim in the divorce file for custody.