Hi,
My ex wife and I have 50/50 (182/183 over nights) joint custody of our child in a written custodial agreement.
In the past couple of years I have been able to keep our child more than what has been agreed on in custodial agreement due to the ex wife going on business trips. I have had our child up to 190 to 192 over nights. Does that mean I automatically obtain full custody or does it have to be taken to court to obtain full custody?
You still have joint custody. Custody cannot automatically change. In order to change a custody arrangement in a separation agreement, you and your ex-wife would have to agree to modify the agreement pursuant to the amendment terms in the separation agreement, or one of you would have to file a custody action in court.
For child support purposes, joint custody is considered at least 123 overnights with each parent, and primary custody is considered at least 243 overnights with one parent.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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