Our custody agreement of our three kids was 3/3/1. This schedule was fine and everyone was doing ok as far as coping with divorce
Then my ex and I went to mediation…He really wanted to do week to week custody.
I was really unhappy about that idea and not convinced it was best for the kids ( youngest is 11) but I agreed to it for the summer because lawyer said to give it a try and then we could argue it wasn’t working… well, now the kids are going back to school and the “ temporary agreement “ says during 2019 school year we should be doing 3/3/1…
I brought this up to ex and he refuses to go back to that schedule. I am not sure how to get back to it. I sent an email and he won’t respond nor speak about it … I . even showed him the wording on the agreement… does temporary agreement even mean anything?
My lawyer is not exactly leading me on this and I’m not sure how to handle it.
We are going to court eventually and I will be asking for full custody,but that sounds like it will be at least a month away.
Also, since June 22, my 16 year old chose not to live with ex at all ( because ex tried to move him and my other two kids into an air B and B with his new girlfriend and her two young daughters and told him to sleep in on the couch. My 16 year old refused and has only seen ex maybe 3 hours total since June… how strong is the possibility of getting full custody of him? And how does that help with my trying to get full custody of the other two?
If your temporary custody agreement is in a court order (this includes a Parenting Agreement which is signed by a judge and filed), then the father is required to revert back to the 3/3/1 schedule as stated in the court order. If he does not, then he could be in contempt of court. You and/or your lawyer can remind him of this and if he still refuses to follow the court order, then you should be prepared to file a contempt motion (motion and order to appear and show cause) against him for a willful violation of the court order.
The fact that your 16 year old does not want to stay with the father and has hardly seen him all summer, will help you in a custody trial. This alone won’t necessarily help you with the other two children but at a trial, you will want to point out (by giving specific examples) that the father has not been making the best decisions for your 3 children.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
In this case the agreement was only signed by myself, ex and two lawyers. It’s titled “mediated settlement agreement” does that still stand true if it’s not signed by a judge?
It also says “ the parties will sign a separation agreement including these terms “ but that never got written.
If your signature and the father’s signature were both notarized, then the schedule would be enforceable as a contract and not a court order. A contract, including a mediated settlement agreement with notarized signatures, is enforceable by a breach of contract lawsuit instead of the contempt powers of the court. Both you and the father are still obligated to follow all terms.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.