Custody frustrations

North Carolina Divorce Law Divorce and Separation Answers
1

I am not sure exaclty what you are asking. In order to be valid you need to have a written and notarized agreement. If they mutually agree for him to have more custody time that is generally not problematic. The problem comes in if she decides to take that time away, if he has nothing in writing, he has nothing to enforce.

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

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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.

2

My husband and his ex were able to reach a verbal/e-mail based agreement about increased visitation (for him) which has been happening now for the past month. It was also tied into her agreeing to let him claim his daughter for taxes. Since the month prior to that (so for 2 months) he has been trying to get the ex to sign the agreement so it can be notarized and we just keep getting one excuse after another. Obviously she has agreed to it since we have been doing it! He did e-mail his lawyer who said that the notarized agreement “may not be enough” and if she won’t sign it he will probably have to go after another court order. We would rather not do that due to the expense. How big of a deal is this? I know that she has to sign the 8332 for it to be valid. Right now we are sharing 50/50.