Custody and Support change

My ex and I filed a separation agreement 2.5 years ago. She agreed earlier this year to give me more time with our kids. However, she does not want to officially change custody and she doesn’t want child support to change. If I took her to court to change custody and child support wouldn’t I win since custody has already changed?
Thank you in advance!

If the custody terms are included in the separation agreement, then you cannot modify the custody terms in court. You can however, file a new custody action against the other parent. A judge will look at the current custody schedule and whether it is in the best interests of the minor children.

If the custody terms are already included in a court order, then you can file a motion to modify the court order based on a substantial change in circumstances (the custody schedule has changed and reasons the minor children are benefitting from the change).

Anna Ayscue

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

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