My ex husband and I have no custody agreement. He left in Feb of 2019 and has made zero effort to see the kids. He has seen them when the kids and I have gone to his mom’s holiday events. He is under court ordered child support at the moment. Texts the kids every couple of weeks or months. Tells them happy birthday and merry christmas. He doesn’t live far so that isn’t an issue nor have I tried to keep them apart. My question is: is a court ordered custody agreement even necessary at this point? My kids who are still at home are 14 and 17.
No, a court order for custody is not necessary unless it is needed for child support purposes (but this is unlikely at this juncture assuming you have a permanent child support order in place).
With no court order in place, the father could take the children and refuse to return them to you, but with teenage children, this is unlikely to happen.
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
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.