Recording change in visitation


#1

Dear Jennr123,

You do not need to file it with the court. There are two advantages to filing it with the court, the first is that law enforcement will assist you in enforcing the order if necessary and if your ex wants to change the custody in the future he would have to prove to the court that there had been a substantial change in circumstances.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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

ROSEN.COM

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.


#2

Law enforcement will not, under any circumstances, attempt to enforce an unincorporated visitation agreement between the parties.

As for enforcement of a valid, in-force court order specifying visitation, law enforcement may assist. The police and sheriff have considerable discretion in this area. Unless the order states something like “A law enforcement agency with competent jurisdiction shall, upon request of either party, assist with exchange of custody…”, the law enforcement agency is not bound by the order. The typical case is that only the parties are bound by the order.


#3

Also, the enforcement officers state, “we will not force a child to come out of the home for court ordered visitation.” So, there really is NO enforcement on their part. If the mother convinces the child not to come out of the home, then there is nothing you can do, even if you do drive 6 hours for visitation only to find out when you are there, that you cannot see your child.


#4

Dear jennr123,

If you have a court order law enforcement will assist you in enforcing the agreement. If you have a separation agreement it depends in the individual discretion of the office. Most times the officer will attempt to mediate and resolve the situation.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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

ROSEN.COM

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.


#5

My x and I have altered our visitation agreement due to the father moving out of time. Do we need to file this with the court, or is an agreed upon, signed and notorized agreement sufficient? Is there benefit in filing it with the court?