Custody rules


#1

You need to be a little more specific.


#2

Sorry about that my nerves are shot. can I tell her when she can get the kids? What time to call before in the evenings?

since I have sole custody of the kids and she has liberal visitation thats how it is worded in my sep. agreement

Thanks for any help
broken hearted


#3

I have the same type of custody. We set ground rules that were very reasonable. Phone calls before 8:30 pm. Visitation when he wanted just as long as it was run through me first to make sure it didn’t conflict with previous arrangements.

This has worked very well for me since my ex really isn’t a father, He spends very little time with the kids.

I was informed by my attorney up front that if I was unreasonable with the arrangements, he would easily get the court to set the time schedule for visitation, and I would have no say.

Bottom Line, I am very reasonable with him, but I am in control and he knows it. This really bothers him but he can do nothing about it just as long as I am respectful in regards to the kids and him.


#4

By what mechanism do you have “sole custody?”

If by unincorporated separation agreement, your wife can ask the court to set custody and visitation and the court will then set custody and visitation. The court is not bound by a separation agreement with regards to child custody (or child support). If by “temporary” court order or no court determination has yet been made, the standard for change (or initial determination) is best interest of the child. If by “permanent” court order, the standard is changed circumstances affecting the welfare of the child. So, even if the parties have agreed among themselves about custody and visitation, either party may request the court’s involvement and whatever the court decides/rules/orders then supersedes the parties’ agreement.

If you can work things out with your kids’ mother and stay out of court, I strongly advise you to do so.


#5

Yes, but recognize that the other parent might become unhappy with the rules and seek a modification of custody.

Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Rosen.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.


#6

If i have sole custody of my kids with wife having liberal visitation I can still make the rules as to when cant I ?

Thanks for any help
broken hearted