Custody/Visitation Agreement


#1

Dear hickam:

Greetings. Mediation is not required if the parties register the order - then it is just about enforcement. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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


#2

I am confused. So I don’t have to register to modify it? I would just have to make a Motion to Modify the previous order? Or both?
The parent in NC (who has custody) wanted it moved because I sought visitation through the old state first. Her request was denied and they heard the caase, but still transferred it.
When we went to court the other state didn’t make visitation time for my children and me, except for 1 visit and my request was denied without prejudice pending further order of the court in NC.
At first, I was to have 1 supervised visit in NC, then we were to agree on more…and since then, there were multiple unsupervised visits in NC and at my home (in a 3rd state). But, the order still says that visitation is supervised and the other parent is still attempting to control the time the kids have with me.
I am trying to get scheduled visitation added to the order because there is none, more specifically because the other parent keeps changing the times, and dates, and making other plans- basically going back on her word- to the point that I can barely see the children. I want to make sure she cannot continue to do this. She will agree to something, then change her mind the next day. There is absolutley no reason why the order should remain the way it is, other than to allow the other parent to control it. My children are barely seeing me because of it.
Why do the courts allow one parent to control the other parents time to begin with? What can I do?


#3

Dear hickam:

Greetings. Yes, you still have to register it. I don’t know your whole situation so I cannot answer your questions. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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


#4

I need to register a foreign order from another State. (the old state has already transfered Jurisdiction to NC)
Both Parties have agreed to matters involving Custody/Visitation and would like to incorporate our agreement into a new Court Order in NC.
I realize that mediation is required; however one of us does not live in NC and we will not be needing it.
What are the steps to take to register and request the changes we would like? Are there certain forms to use? Will this process be expensive? Will we both have to go to court? Any advice would be appreciated. Thank You in advance.