Parenting Agreement gone wrong


#1

My partner and I have a parenting agreement for with my daughter. She is currently in the custody of my partner. One of the conditions of the agreement is to foster a relationship with the child and he has not. Because our agreement is very general, it’s open to interpretation. He has been using that his advantage. He has legal custody and has not allowed me to be involved in any decisions for my child. The only findings is that I do not have a stable place to live. I’m currently working on that. I would like to change the agreement so that I can be more involved in my daughter’s life. Currently, I’m not notified of any events, doctor’s appointments, and medications that she’s taking just to name a few. I’m trying to figure out the best course of action to take. I feel that the agreement needs more specific guidelines so that there’s a clear understanding of what our rights are.


#2

Assuming your parenting agreement is a court order (signed by a judge and filed with the clerk of court’s office), then you will be unable to modify your order without a substantial change in circumstances affecting the wellbeing of the child. It sounds like if you were to obtain and maintain stable housing (pursuant to the terms in your parenting agreement), then you may have enough to show a substantial change in circumstances, which could allow you to have the parenting agreement modified.


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.


#3

So I would not be able to do a show cause order so that I can be more
involved in the decision-making when it comes to my daughter.


#4

You can file a motion and order to appear and show cause if you believe the other parent has violated the current 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.