My child’s dad said he’s filed for divorce (pro se) and also is including a complaint for visitation. We have a Parenting Agreement that was signed and notarized last year (which already includes visitation, financial responsibilities, custody, etc.), but he says he longer agrees with it. Recently, he stated that he no longer wants to follow through with the financial part of the agreement and says he will only give the court ordered child support and nothing more? Should I have filed it with the court? Will we still be able to proceed with the divorce?(We have been separated for 3 years now and both want the divorce.) Since he longer agrees to follow the Parenting Agreement, will the judge order us to go through mediation during the divorce hearing to create a whole new Parenting Plan? Because of safety concerns I have, the Parenting agreement calls for him to get a 3rd party for the exchanges for visitation, yet he refuses to do so. Are there any exchange centers in the Raleigh area? What are the next steps that I can take or what rights do I have at this point? Can I sue him for not following the Parenting Plan?
If he is not abiding by your current custody and child support order, you can file a motion for contempt. Your custody issues have no bearing on your absolute divorce, you can still go through with that. As far as exchange centers go, often people will opt for the exchange to take place at the local police department or sheriff’s office, that tends to keep everyone in line during the exchange.