Mother backing out on oral agreement


#1

My husband and I are in a similar situation only his ex hasn’t backed out. We would love to go week to week but right now they’re arrangement is one day here, two days there, one day here, three days there, then the next weeks it’s the opposite. They have a child care provider that they pick the children up from on their respective days and she picks them up from school. So far that has worked.
If I understand this correctly, you have them one week then they are with their mother for a week…She moved and I assume that the children had to switch school systems? It’s further for you and your husband to drive. Do they have a before/after school program? Why are you picking them up from school or taking them during her week? Is that not her responsibility on her weeks? Keep in mind, this is just my opinion, but I believe that you and your husband will only need to concern yourself with your week and if there is a problem have the school call your husband. If they have a program before/after school then you guys may have to pay for your weeks, or you could try to work out something with your boss to let them know the situation. A lot of places will work with you if they know the circumstances are unavoidable.


#2

We are only worried about the weeks that they are with us. We already are paying for after care - and to add to the mix I have a child in our school district which is why it makes it impossible for me to bring them early. I have to get him on the bus then drive directly to my husbands childrens two different schools. Just for her moving we are spending an additional 90$ a week for the weeks the two girls are with us. We are a family of five on 1 income and I have just began working 5 hours a day while they are at school. We are most concerned that 2) she changed the school district without consent 2) cost that we incur from her moving 3) distance that the children have to be traveling during the weeks that they are with us (2 hours total). Any advice will be very welcomed. Thank you.


#3

Dear shawnandsteph:

Greetings. Immediately file a child custody action or motion to modify. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.


#4

One more thing - you should have done this prior to her move and/or gotten this in writing. I would document the problem in letters/e-mails while filing. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.


#5

This may be long but please read this. I am the step-mom. My husband won 50/50 custody in Sept. last year. One week on, one week with mom. They lived in the next town over (4 miles away) We were providing transportation to and from the bus stop. She decided to move 1 week before school started this year 30 minutes away.We told her that would not be ok with us- the custody papers state that educational decisions are to be made 50/50. In addition we would not be able to keep the transportation agreement if she moved. We then offered to her that if she were to drive the children to school in the morning then we would pick them up from school. She verbally agreed to this. Everything was fine for the first week of school- she then called last Wed. and said she would no longer be picking them up!!! What are we supposed to do- we won’t be to work on time and with gas prices, I’ll go broke!!! Is there something we can do??