Since it sounds like you already have a separation agreement that addresses custody of the children, you would either have to mutually agree to modify the agreement, or file a separate action for custody and visition to ask the court to make any changes in the current situation. You would not be able to do that in the divorce hearing, unless you put it in your divorce complaint or your answer to any complaint filed by your spouse.
Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.