Child Custody

Your separation agreement is enforceable, however if the court has never addressed the issue of custody, you can ask them to do so at any time.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

I signed a seperation agreement giving my ex-wife full physical custody of our 3 children. With in a few months, I was able to keep our children every other weekend and sometimes for an entire week at a time if it suited my ex. Our divorce was finalized 2-28-08 and the seperation papers were not incorporated in the divorce. I am engaged and living with my fiance, my ex-wife is pregnant, engaged and living with another man. Our custody arangement has not been revisited sice we signed our seperation papers. I would like my children as much as possible, but my ex-wife holds them over my head and only lets me have them when it is convienient for her. She comes up with trivial and sometimes downright frivolous reasons for why she won’t let me see them. What options do I have. Is our seperation agreement still enforcable?