No Custody agreement upon divorce

Child custody

I have been separated since 10.1.2022. Motion for absolute divorce is scheduled for Feb 12, 2024. My concern is about child custody. My ex has committed parental alienation and he controlled my daughter and refused to let me see her at my house from Jan 1, 2023 through Aug 17, 2023. She slowly started coming back to me on that date, because at mediation I had to agree to take no child support. Fast forward to more recently she has started spending the night more frequently, usually when he is with his new girl friend. Father is neglecting her education. He refuses to give me a regular visitation schedule or sign something stating my rights as her mother. I have done nothing to warrant not being able to have custody of my child. But my old attorney would not fight for custody due to her age. She is 15. Do I have any rights as a mother and is it likely divorce will be able to go through without a custody agreement?

Thank you.

You should file a custody lawsuit against the father. Mothers and fathers have equal parenting rights.

The absolute divorce is an entirely separate issue from child custody so the divorce can be granted without a custody order or agreement in place and vice versa.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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