Old custody order still in effect?


#1

My ex and i split up in july of 2006 and in november of 2006 we reconciled. During that time he was awarded temporary custody and did not let me see or talk to my kids. We split up again in may of 2011 and have been apart ever since. My ex then took the kids after theyd been with me for 3 months, and theatened me with kidnapping charges because if the custody order. Now, during the school year they spend 4-5 nights a week with me, 2-3 with him and i am in charge of all medical, dental, therapy, extracurricular appts, regardless of whos time it is. This summer my kids have seen my ex for a total of 6 days. I am now filing an order to modify custody since the kids spend majority of their time with me, as well as i pay for all i listed above as well as shoes, clothes, school supplies, field trips, medications, etc… my ex, even tho he has the custody order has not been involved with any of it in the past 3 years. I am seeking to modify custody so the kids can reside with me and my ex is pressing kidnapping charges against me because of the custody order, even though he left the kids with me. What can i do? Thanks!!!


#2

If you read the North Carolina’s laws on the crime of kidnapping (see N.C. Gen Stat § 14-39), you will see that simply keeping your children in contravention of a custody order does not rise to the level of kidnapping. If the order is still in effect, your ex could make a motion for order to show cause based on you breaching the custody order and ask the judge to hold you in contempt. Of course, you would have the opportunity to be heard and explain why you are not acting in accordance with the order. The fact that your ex has also not been abiding by the terms of the order would certainly work in your favor.

Since it has been eight years since your custody order was entered, it is certainly time to revisit the terms of the order. You were wise to file a motion to modify the order as it is clear that there has been a substantial change in circumstances since the 2006 order.


#3

Id heard that once the parties reconciled the custody order was dismissed when our case was. We were back together 4 1/2 years.


#4

No, reconciliation does not automatically void a custody order.