Custudy And Separation Papers


#1

My wife is agreeing to 50/50 custudy of our 3 children. She is agreeing to keep them within two counties Buncombe and Henderson county. She is also agreeing that shared time will not be any set time, but rather it will be agreed apon as we go. We both have our differences about when we seprated, but at this point my children are my biggest concern. She only agrees to do this if I agree to a later sepratation date.

Does this separation agreement keep her from moving with my children?
Do the custudy papers have to filed in the court?
Does a separation agreement settle all our debits at that time?
What happens to the any debts after the time of filing separation papers?

She wants me to agree to a Jun. date, our house forcloused in Dec. There are alot of other things. Does the separation papers relieve her of that if I back date them?


#2

In order to fully protect yourself regarding custody, you should have a specific agreement and have it entered as an order of the court.

A separation agreement can be used to settle all property issues, the debts will have to be allocated between the two of you by agreement.

In your he date of separation should be the date you realized the marriage was not going to work.