Greetings. Let’s start with the alimony and then discuss the custody. First, if you are now married, I am assuming that your husband divorced the ex. Therefore, if she gave up the alimony by waiving it for dismissing her action, she cannot revive the same. Nevertheless, I would need to see the document with my own eyes before I could tell you for sure.
Now, on custody I think that you have a great case. I would get more proof that she claims she has lupus and cannot function all the time. Maybe a recorded conversation or letter from her documenting the same. You will have to file in Mom’s area, so if that is Wake County, let us know so that we can try to help you get the ball rolling in your direction. Best of luck!
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
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.