Old papers

I may be a little confused on this one. The date on the agreement should not make a difference unless there is a more recent court order that overrides it. The addresses should not make a difference if the separation and divorce were in NC to start with.
If you have a court order for custody you probably need to file modification of custody showing that your daughter now lives with you. And file for child support modification due to this change. If your ex is fighting you on custody due to what the original agreement states then you may need to file for custody. It sounds as though you want joint legal custody where you both have an equal say in the important matters. It also sounds as though you currently have primary physical custody and would be requesting child support from your ex. Child support is based on the incomes of both parents, the number of children, the number of overnights with one parent, insurance and child care payments, and prior support obligations. If your daughter is living with you now, you can run the child support calculator to see what the obligation would be and who would be responsible to pay.
I don’t know if that answered your question or not…maybe an attorney reads this differently.

I understand the facts about the dates and all what I am seeking is information on obtaining a custody modification, were or whom will I have to see to get the process started without it costing me my shirt?? I know when I start the proceedings my Ex will blow her stack,and this is why i need the modification so I wont have to worry about her trying too take custody just because she’s angry. I need a judge to hear the fact and let our 12 year old state where she wants to live and with whom. again please help!!!

If the two of you are in Agreement on the change of custody, you will you can negotiate, sign and enter the modified order in the file that already exists in this state.

If you are not in Agreement you will need to file a motion to modify custody. You will tell the court at the hearing about the circumstances that have changes and the current custodial situation.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

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


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.

My ex-wife and I separated on or about 9/5/2003 and the divorce was granted on 4/1/2005 the separation agreement was carried over onto the divorce decree . The agreement had been made base on me living in South Carolina and my Ex in NC,then my Divorce was granted with my Ex in Florida and me in North Carolina. The problem I