Custody and Visitation


#1

Now I’m a newbie but I think it would have to at the least be notarized for it to be enforced in court. Just the two signatures might not be enough but having it notarized could be. As far as him not returning the children, you could make an emergency motion to the courts since you have the primary physical custody of the kids, regardless of what any agreement says, the kids spend their time with you under your care but if he were to do anything like that, any psychological damage that could be done is done. I would be inclined to file for sole custody and use the custody agreement as evidence and let the judge make it all official. I’m not a lawyer, just somebody who is learning a lot about the laws the hard way so somebody else is probably has way more knowledge than I do. Thanks for all the advice I’ve gotten on here.
Denny Crane


#2
  1. A visitation agreement can give one party sole custody, however if this is not a court order either party can be free to return to court and try to modify the agreement.

  2. Until there is something in writing there is no legal protection if he dos not return the children, if there are grounds you can seek an emergency custody order.

  3. I cannot answer this without meeting with you and reviewing the specific facts of your agreement.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#3

We have a notarized Seperation and Custody Agreement that we planned to incorporate into the divorce, but the divorce has not happened yet. I do not know what grounds would allow me to file for an emergency protection order. He isn’t abusive and never was. He just is very inconsistent and when the kids visit they (particular our youngest with health issues) come back sick and dirty, and he only “wants” to exercise his visitation when he is in a relationship and living with yet another woman. I do not these women and can’t stipulate as to how/ why this happens, but would not want him to decide to keep them and have no recourse to get them back.


#4

The best way to protect yourself in these circumstances is to seek a court order as soon as possible. If your ex knows the court is watching he may be less likely to do something silly like remove the children from your custody.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#5

My STBX is consistantly living in an unstable situation. He has moved more than 10x since he left us in December 2006. We have a seperation and custody agreement that he signed stating that I would have sole custody of the children and that he would have monthly visitation in an enviroment that is pyschologically, emotionally, and physically safe as agreed by both parents and any necessary professionals (i.e. doctors, therapists, etc.). He has lived in several unhealthy enviroments and he moves frequently.

  1. I was told that I can not have sole custody with visitation agreement, is that true?

  2. Since nothing is signed by a judge yet, if he has a visit and doesn’t return the children, what protection do I have to get the kids back?

  3. Would I be better to just file for sole custody rather than try to incorporate our agreement?