Custody Issues, too (can nothing be easy?)


#1

JulieMouse83,

You are not required to have an attorney to amend a separation agreement, but it would be wise to consult one in the drafting and review of the document.

David L. McGuire
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

Ok, my other question would be this:

When my husband and his ex-spouse divorced, she got primary custody of their only daugher. (She has the daugher, on paper, about 75-90% of the time.)

Custody agreement states, in no uncertain terms, that neither one of them can have overnight visitors of the opposite sex unless related by blood or marriage.

His ex has a know felon living with her, spending nights even when their daughter is in the home. Daughter is under the age of 12.

Right now he is paying support for the above agreement and his daughter is with us 50% of the time during any given month. However, Mom is reluctant to go to the mediator because she knows that this is going to nix most, if not all, of her support.

Basically, we are wanting full custody of this child, but are aware that it’s almost like pulling teeth for a father to get full custody of a child in this state.

Our question is twofold:

  1. Do we need an attorney to ammend the agreement?

  2. Will a mediator be all that we need.

Thanks, from what I can tell this is a very informative site.

Jules

“The trick is to keep breathing” Shirley Manson