Suing me for Custody


once you obtain a lawyer they would probably get that court date changed to prepare to respond to her lawyer and at that time you should go for the her jugler,you should ask for alimony and post alimony, child support(or raise the current) and ask to have your attorney fees paid by her.


Dear jreaney:

Greetings. You need to retain an attorney. If you can prove that your wife spent a ton of money on a wedding, then you should bring that evidence to court. You can subpoena her (and her new husband’s) banking records, credit card statements, etc.

Yes, the separation agreement carries some weight, but child custody in an agreement can always be modified in a court. 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.



I need some advice and preparation help. I was served papers yesterday (June 27th) saying I have to appear in court on July 25th for a custody hearing. I have sole custody of both my sons and my ex-wife has visitation “as the parties agree”.

I have a separation agreement granting me sole custody and she filed for and was granted a divorce in March of 2005. Now she is suing me for custody and trying to make me pay because she can not afford it (she paid for the divorce and just got remarried in a big wedding she paid for and a honeymoon for a week) - I cant afford to pay for my own lawyer much less hers.

What do I need to get together for a visit to a lawyer. Is the separation agreement not binding - I paid her alimony, gave her a car paid for an apartment - etc. Now she is working agaig making 20 dollars an hour and remarried.

Can she take my boys???