Court custody jurisdiction with out-of-court settlement

1

I am divorced and our separation agreement set forth all terms (alimony, custody, etc.). Our NC divorce did not incorporate the separation agreement.

After 6 years and with very well-adjusted kids, now teenagers, my ex wants to change the custody arrangement to 50/50. Currently, it is joint but about 40/60.

  1. Does the court have jurisdiction to change the the custody arrangement we agreed to in our contract?

  2. If the court does have jurisdiction, is it likely they would change something that has worked well for the kids?

Thanks!

2

Since your custody terms are in a separation agreement, the parent wanting to change the custody schedule will have to file a custody action against the other parent in court. Be sure to check your separation agreement to see if there are any requirements such as mediation that must be completed prior to initiating court action.

North Carolina will have jurisdiction to hear custody matters as long as the minor children have resided in the North Carolina for the last six months.

The custody schedule could be changed from the separation agreement if it can be shown that the change will be beneficial (and not detrimental) to the minor children.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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