I have a current custody agreement in which I have sole physical and legal custody of my child. His father has supervised visitations for every other weekend. However, for the last 2 years, he has not shown up for these visitations.
I am looking to move out of state within the next year. What are my options to be able to do this? I have read that if you can’t keep your current visitation schedule, the judge will deny the move unless a change is made to the custody agreement. Can I change the agreement to no visitation? Or limited visitation? Essentially once we are out of state, there is no way for us to continue any type of visitation, so I’m not sure a change order would be effective.
If your custody terms are in a court order (or parenting agreement signed by a judge and file stamped), then you would need to modify the court order based on the substantial change in circumstances that you are moving out of state and the father has not exercised his visitation in two years. You will want to show in your motion the benefits and advantages to the minor child for moving out of state.
If you were to move out of state without modifying the court order and suddenly the father wanted to exercise a visitation period, you could be in contempt of the court order.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
How do I know if it is court ordered? I submitted the original agreement to the judge. But the paperwork that came back did not have a signature (N/A was written instead) and the file stamp had an X drawn through it.
The agreement was reached through mediation, but the court provided that mediation; we didn’t have an attorney on our own.
If the agreement is not a court order, are my options different?
A parenting agreement reached at a court ordered mediation and signed by both parents should have a judge’s signature and a file stamp. The judge’s signature and the file stamp are usually on a separate page which is stapled to the parenting agreement and is titled Order Approving Parenting Agreement. It is highly unusual for any document to have a file stamp crossed out and “n/a” written where the judge should sign. You might want to check with the clerk’s office to see what the issue is with your document.
If you do not have a valid court order, then you have a contract with the other parent assuming you both signed the written agreement. If you were to move out of state and the father missed his visitation time, then he could sue you for breach of contract assuming he suddenly wanted to being exercising visitation again. Otherwise, you can enter into an amendment of the contract/agreement. But since you have had a court case involving custody in the past, all of your agreements, orders, or consent orders, need to be kept with the courts.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.