Temporary Custody


#1

Dear HST302:

Greetings. Please, for you and everyone else, call me Janet. You should NOT relinquish your custody, but instead file a Motion to Modify Support - which is a form that you can get from child support enforcement. Then, if you pay guideline support from the date of filing the motion, you will be able to maintain your custody! Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#2

Janet,
Thank You for the previous information…But…

I am not paying through Centralized Support Services yet…Per the agreement that does not begin until FEB 05…Meaning I cannot seek to amend the amount until then…Correct?

I literally cannot afford to properly take care of the child 50% of the time between now and then…Relinquishing Custody is not what I want…Believe me…But I am pretty well stuck between a financial rock and a hard place…Any further advisement would be greatly appreciated…Thanks Again…HST.


#3

Dear HST302:

Greetings. No, you can file a Motion to Modify Child Support if you have had a substantial change of circumstances. I do not believe that you must wait for the occurence you detailed.

Well, I would not relinquish custody, but simply inform the other parent on the times when you cannot take the child. I would not sign any documents on this though. Remember that visitation is voluntary. Best of luck…and also, you may want to look into public assistance at this time until things change!

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#4

Ms. Fritts:
My ex wife and I agreed to share custody of our minor child (50/50). The agreement itself was an addendum to a Domestic Violence order. Within that addendum we also agreed to the amount of child support that I would pay. Based on the outrageous amount that I agreed to pay (over 900 per month), I have realized that it is financially impossible to care for my child 50% of the time and pay her the monthly child support.

I am seeking to have the amount modified but in the meantime I am left with no choice but to relinquish my share of the custody.

What is required of me to relinquish custody?

Thanks in advance for you time and input…