Sole Legal Custody - How far do my rights extend?


When my husband and I separated and then divorced we worked out our own agreement, child support, etc. I asked for sole legal custody for which he signed off on. We got along great as co-parents until he remarried. His new wife does not want us to have any sort of friendship even though it would be beneficial to our son. I am trying to figure out how far my sole legal custody rights extend. In other words, if I think that what goes on in their home on weekend visits negatively effects our son, do I have the right to intervene or not? Or do my rights cease after religious studies, school choices, etc. I would also like to know if I have the right to move away to another city if I felt it was in the best interest of my son, without permission from his father?

Also, his father has been paying me about $100 more than we agreed to in our initial paperwork. However, since our agreement was signed, we both lost our jobs and got new ones. He agreed over a year ago to pay me more because our son wanted to stay with me more overnights than he did with his dad. His dad always agreed to it. When his dad lost his job, I told him if he needed to pay only half of the child support, I would be okay with that until he established a new job. He declined and said he would continue to pay the whole amount, but he was appreciative. I want to know if he gets mad at me, does he have the right to simply cut the child support amount, or would he have to continue to pay it since he has establised that amount over the last year or more. Also, can I document the number of overnights I’ve had my son and have all of them count towards child support, or would they not count if his father was willing to take him but approved of him staying more nights with me.


If you begin to behave in a way he doesn’t like, then he can file for custody. If you try to move, then he can file for custody. Regardless of what your agreement says, nothing is ever permanent when it comes to children. You can calculate what his child support would be under the NC guideline here: