Divorce final and ex now filing for custody


#1

Have been separated from ex for over a year then divorced now for 4 months. I’ve been living with my fiance for a year and a half with my 3 kids ages 7 and under. In the separation agreement we had, it stated that I wasn’t allowed to move over 25 miles away from our origional home. Now with my fiance it’s about 45 miles. After some thought, the ex was ok with the distance.
My fiance and I had an arguement and needed some time apart. We took a 2 week break and I went with the kids to my familys house. Things had seatled down and we moved back.
Now I recently received custody papers with them stating that the kids are in an “unstable” environment. We have lived here for a year and a half. They go to school close by, they are in scouts and they see there father every other weekend. I have never denied the kids to see there father. I try to stick to the separation agreement as best as possible. I have recently went to “child support enforcement” to go through the courts. I feel it would be better than relying on him every month and it will be easier than asking him for it.
I don’t understand how he thinks he has a case but it worries me that he’s trying. I have always cared for my kids and he is the one that has slacked off by missing kids doctor visits also at times, not taking the kids when he is supposed to. I have a feeling that he is doing this because I went to child support enforcement.
I’m just wondering if he has a case. I know he has plenty of financial backup and I don’t.
What are his chances of taking the kids and how worried should I be?


#2

well the only advice that I can give is yall will probably get equal rights to the kids because unless he is a sex offender he has rights just like you as parents. He has to prove a lot to the state of NC that you are a unfit parent… Hope this helps a little bit…


#3

In order to gain custody of the children your ex will have to prove that your living situation is not in the children’s best interests and that a change in the custodial arrangement will benefit them. Given the history of the custodial arrangement for the past year I don’t see that a court would make a radical change to that arrangement unless your ex can prove that the environment they live in has changed substantially. In most cases an argument between the custodial parent and their new partner (barring any violence) will not be a high enough bar to change custody.


#4

Thank you. The children have been in my care since the seperation a year and a half ago. He also works long hours and the kids would have to be in daycare. I work at most 3 days a week, but the kids are in our home with their step dad. He takes them to his girlfriends house on the weekends that he does have them. Thank you for this information.


#5

You are welcome. I wish you all the best.