I posted under thw wrong category earlier regarding a custody case was wondering if and attorney could view my post and give me some imput on the matter.It was in regards to custodial of my 12 year old
I reposted my situation below
Please repost your question here and I’ll be happy to take a look.
I was wondering if i could get some feedback or someone could point me in the right direction .My ex husband and I divorced in June 2010 . We mutually agreed that we would have joint custody of our 12 year old and he physical custody.The divorce and agreement took place in North Carolina and is documented with the court as this is where we lived at time. Since he has remarried and moved to Virginia and I remarried and moved to South Carolina.Before he moved he decided that he didnt want our 12 year old living with him anymore. At the time I did not have space where I was as my other son was living with me. Therefore we mutaually agreed that he could go and live with my mom in NH until I could get a bigger place.In order for her to enroll him in school she needed permanent guardianship of him so we went throught the Nh court system to do soy with .He ws suppossed to stay until the end of the school year with her but she has decided she can no longer take care of him.I have contacted the Nh court sytsem and know all she has to do is terminate guardianship on her end. However on my end I ned to have custody of him in order for him to be able to leave the state of NH and live with me and to enroll him in school. My question is how do I go about having the custody order changed to still having joint custody but physical custody to me instead of my ex.
If you just verbally agreed then you don’t have to do anything, if there was a custody agreement then you two need to execute a new custody agreement, but if there is a court ordered custody arrangement then you need to seek a modification. If you have to exercise the last option, and you both agree, then you can have a consent order entered after you file for the modification.
We had a seperation agreement that stated the custody agreement that we both signed in his lawyers office that was notorized. Is that a court ordered agreement?If not do we have to petition the state of NC for a new custody agreement?Can that be executed on our ends since we both no longer live in NC or do we have to Go to NC to initiate a new one or can it be drawn up and done via certified mail for both of us?I am just not sure when we could get to NC and coordinate our schedules since we work and have other children as well.Just curious if there is an easy way to go about this since it is a mutual agreement that will not be contested either way? Just want to bea ssured that all the bases are covered and leagl so we don’t run through any legalities down the road.My son has been through so much already and I need to be reassured that hewe have handled everything correctly and he doesnt have to be moved around any more than necessaary knows Thank you for your imput and help Mr. Short it is much appreciated.