Change of custody

North Carolina Divorce Law Divorce and Separation Answers
1

Dear Jimmy:

Greetings. Boy am I glad that you have asked this question. Please, please, please have an attorney review your separation agreement and also file a child support action, even if you don’t want to receive funds from her. If you don’t take action, you are legally bound to pay her the child support under the separation agreement until it is changed. The agreement is not void or changed without further legal action on your part. Best of luck and let us know if we can help.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.

2

My wife and I are seperated and have a divorce hearing on friday. We have completed a seperation agreement. In the agreement we have joint custody of our 2 children and they will live with her and I am to pay 900 dollars a month child support. Recently she has been having problems and Child Services were called concerning the children. The social worker decided that she can only have supervised visits with the children and only I can supervise the visits. The children now live with me and I am their sole provider. She does not visit or help with the children emotionally, physically or financially. Does this void our agreement or just change the custody/child support issue? She cannot have the children until a doctor clears her mentally to be with them. Also, the children are 13 and 11 and choose to stay with me. Thank you in advance.