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
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.