My husband and I lived in separate dwellings. We had an agreement filed in court regarding visitation etc…a few months later we moved into the same house together and resumed family life. Currently, 2 years later, we are divorced. We did not address custody, visitation, property. Just had an uncontested divorce.
I was told by someone with a little legal knowledge that the agreement that was filed in court regarding visitation became invalid, null and void once we decided to move back into the same house together to resume family status again. Is this true? My now ex said that agreement is still a valid document and that is what we have to go by.
Once your resumed your marital relationship any court order you had relating to custody would be rescinded after you and your ex moved back in together.
I live in another state neighboring NC. He is withholding visitation based on this idea that the old order for visitation is valid. Since it is invalid, no visitation is established, Can I go get my children?
The best course of action is to file a motion to modify custody.
I am interested in filing for custody/visitation, however, until I do so, What can I do right now about seeing my children? My ex and I have been discussing visits for summer since spring vacation…which I did not get to see the children at that time either…At the end of June he admitted he was putting off talking to me about it and he said he was not agreeing to visits. The children have known we were talking about summer vacation and have been waiting and asking when it was going to happen. They are let down, I am let down. There is no reason as to why I cant see my children. I don’t want to get into trouble with the law if I just go get my children. What can I do now to see my children while I prepare to file for custody/visitation issues?
Absent a court order or agreement you and your ex have equal rights to the children, and you may go and pick them up anytime you would like to see them.
Keep precise records of all emails, conversations and attempts to visit your children. Emails would be great because they have time stamps. Take these to court to show that you have been trying to see your children and he has been difficult about it.
It’s really not fair to your kids that your ex is being unreasonable. They are the ultimate ones that get hurt in the end.