Custody after Seperation Agreement


#1

Dear beercan:

Greetings. It would be very hard for you to get sole custody later if you agree to joint custody now. You have to be able to prove the majority of it, usually by having a private investigator follow her. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.


#2

Thank you for your response. She is leaving our home this weekend. I take it I should let her go without the agreement signed. Can I “play” PI and is video better than still pictures. If she agrees in the agreement not to expose our daughter to these people is it enforceable and do I need to list all their names or can a more general exception be placed in.


#3

Thank you for your response. She is leaving our home this weekend. I take it I should let her go without the agreement signed. Can I “play” PI and is video better than still pictures. If she agrees in the agreement not to expose our daughter to these people is it enforceable and do I need to list all their names or can a more general exception be placed in.


#4

Dear beercan:

Greetings again. Yes, you can “play” PI and video is generally better than pictures, since video can be turned into pictures, but pictures cannot be turned into video. I believe it is usually better to hire a PI though, because you almost always get your money’s worth.

Yes, an agrement not to expose your daughter to undesirable people is enforceable. I would not list their names, because friends of that sort change often, but I would put specific language in the agreement about what the people are doing. I would also include language about no overnight guests of the opposite sex who are unrelated while the child is in your or her care. That restricts both of you to getting married again to have an overnight guest around your child. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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.


#5

Over the past 2 months my wife has made new friends through her job. Her boss is underhanded and she has told me some of her new friends are shoplifters and use drugs. She has stayed out until 4 am with these people and sees no problem with it. I have drafted our seperation agreement with joint custody. I expressed my objections to her having her friends around our daughter and was told they could come by and visit but she promised no partying. If I sign our seperation agreement with knowledge of our current circumstances how hard will sole custody be to get if I find these people around our daughter? How much of what I know do I have to be able to prove?