Should I sign the custody agreement?

Some background. I have had my 16 month old daughter in my custody since October of 2016. I have allowed my ex girlfriend to come over to my home twice a week for visitation. I will not allow her to be taken by my ex. There has been drug abuse in the past and there are now allegations of sexual abuse by my ex and her current boyfriend. My ex has a 5 and 6 year old that are in custody of their fathers as well.
I hired a lawyer and have my custody trial coming up next month. Last week my ex agreed to sign and agreement so we can forgo the trial. The agreement gives me sole legal and physical custody with my ex getting every other weekend and a few hours on major holidays. She has yet to sign mainly bc she does not have transportation to the office, she should be getting up there this week.
Well CPS paid all of the fathers a visit last Friday bc my ex has a case open on her. They recommended I don’t sign bc it will be harder to remove my daughter for those 4 days a month once a judge signs off.
I found out today that her 5 year old daughter did disclose to the CPS worker that her mother taught her to masturbate and made her do it on camera. We have been dealing with this for months with CPS doing nothing and the detective on the case doing nothing.
Should I still sign and go through? Can I submit a document that the judge can see that shows she has an open case.
I’m just fearful of we go to trial my ex will get more time with the baby since no charges have been brought yet. It makes me sick to my stomach to have her there for 4 days never mind even more time.
Now that CPS has been told by the 5 year old about the sexual abuse what steps can we expect them to take and how quickly?

If you are uncomfortable in signing such an agreement, and/or if you feel that the agreement is not in your daughter’s best interest, then you should not sign it. If you have a custody trial, judges will take very seriously any CPS involvement with the mother whether or not criminal charges have been filed.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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