Child Visitation

First of all thank you very very much for having this forum, I have been searching everywhere for assistance for my husband.

Our question is my husband got divorced from his ex-wife in Onslow County in January 2005, at the time of the divorce and up until last year he resided in Florida, due to his job he had to move to Texas. Within the divorce agreetment it states:

The Wife shall take the minor children to visit the Father in Florida three (3) times each year at time to be agreed upon by the parties. The Father agrees that he will return the said mior children to the Wife’s residence in North Carolina after such visits. The agreed upon visits were as follows:

They agree to alternate visits for major holidays such as Christmas, Easter/Spring break from school and Thanksgiving each year as agreed upon by the parties. Also, the Father shall have visitation with the said minor children each and every summer for a period of five (5) consecutive weeks with said weeks being agreed upon in advance by the parties.

Our question is his ex-wife is stating now that we live in Texas that the divorce agreement is nolonger in place and since we do not live in Florida he can not have his children for the summer. Is this correct? If it is correct what do we need to do to change this.

Thank you very much
Maxine and Dan Ellis

Since the agreement is so vague (it only allows him visitation at “agreed upon times”), I would suggest your Husband file a motion for judicial assistance to arrange for time with the children this summer. The motion will have to be filed and set for hearing in NC.

Your husband also needs to file an action to modify the custody arrangement now that you are in Texas. The court may not require her to bring the children to Texas if the distance is much greater, so you will need to return to court to have this issue settled.

Erin thank you very much for your response. I do have one other question: Since my husbands divorce was originally filed in Onslow County, North Carolina and we now live in Texas and his ex-wife is in Brunswick County, North Carolina where do we need to file for changes to the visitation agreement. Also, since she is in Brunswick County and we are in Texas is the entire parental agreement void.

The agreement is not void, and the action needs to be filed in Onslow County as that is where the custody case is pending.