Seperation Agreement/Child Custody


Dear jlb77:

Greetings. What a tangled web we weave when we conspire to deceive, no? Okay, just joking. Now, the answer is I do not know. Without reviewing the entire agreement, I cannot tell you whether or not is has any bearing on your current situation. It is a “hitch” in your plan to separate though, as it may have some bearing on the child custody issues and other claims typical in divorce. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
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


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 husband and I have decided to seperate with little chance of a reconciliation. However, I have a question about the validity of a prior seperation agreement that we have. My husband was serving overseas in the US Army. He was looking for basically anyway that he could get out of the military and come home. In November of last year one of his superiors told him that he could possibly get out by using the military’s “Family Plan”. It basically entailed us submitting a signed and notarized seperation agreement to the military stating that I was moving out of state and was relinquishing custody of our daughter to him. We made the agreement valid for six months from the date it was signed and stated that if any of the conditions stated in the agreement were not met, the agreement became null and void.

Well, now he is holding this over my head and is threatening to use it to obtain full custody of our daughter. My question is how valid is this agreement? The conditions stated in the agreement were never met (I never left the state or the marital home and when he did finally return from overseas in February we were living as husband and wife in the marital home together and the six months from date of signing is May 23rd).

Thank you for your help with this matter…