Temporary custody


#1

If you are given temporary custody, child support can also be modified. However, if she is offering to do this by agreement, she may be making her offer contingent upon you agreeing not to modify child support. You should speak to her and get the specific provisions of her offer.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#2

She has agreed to modify the support also and wrote out an agreement between the two of us, stating I have temporary joint custody. I now have my son, but nothing has been done through the courts as she said she doesn’t want to deal with all the stress involved right now. I’ve tried to explain to her that all of this must be done through the courts, but she refuses, stating that the agreement she wrote out between us should do until I can get the actual “legal” paperwork done up and signed by a Judge. I live out of state, and now I have to see if I can get my son registered in school here as she sent him back home with me.
I’m still very confused as to why after 5 years of fighting, she’s had such a big change in heart and has suddenly become reasonable with everything. I offered to get all the paperwork done first and move my son here around Christmas break, but she insisted this all happen now. She’s even discussing my 14 year old daughter moving here in December.


#3

temproary “joint” custody? What did you have before? Is the modification legal or physical? If you have “joint” custody now, she still has custody too. Joint means together, it doesn’t give you sole rights to the child(ren), temporoary or otherwise. And there is a difference with the legal/physical aspects too. I am not sure of the details since I have sole custody of my son, but my husband has joint legal/physical custody of his kids and both parents have equal rights to time/descions. I hope this works out for the kids, reguardless of her motivations.


#4

If you have had joint custody with her having primary physical custody up until now, and the change is that you will now have primary physical custody, it should only mean that you will need to modify child support. The agreement that was drawn up can be used to do this and to modify custody but until it goes through the courts, keep paying. I suggest that you get forms for modifying custody and child support right away and file. It may not be necessary to go to court if she is agreeing…


#5

Are you paying to her directly or do you go through a Child Support Enforcement Agency? However take your children and don’t worry about why shes changed her mind. GOD works in mysterious ways.


#6

My son’s mom had full custody, I only had “reasonable visitation”. She didi not specify as to whether I have legal and/or physical custody. My child support is paid through the child support agency and have not been very helpful nor are they very willing to help point me in the right direction. The Child support isn’t the biggest issue right now, but I do know that eventually I will need additional money to care for my son. (he doesn’t own a single pair of pants & school starts in 2 weeks.)


#7

You should file for modification with you having primary custody since you had a court order. I agree with FATHERDORIGHT, don’t question it but make it legal, so that it doesn’t come back on you. I believe that the agreement between you and she would need to be filed with the courts but I believe that custody must be modified by the courts before child support can be changed…
BTW, I’m so happy to hear this for you. For whatever reason, I’m glad your ex is giving you and your children this opportunity. Good Luck!


#8

You can hire an attorney to draft a consent order. Once both of you have signed it, it will be submitted to a judge for their signature. At that point it becomes a legal and binding court order.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#9

My ex, out of the blue, has offered to allow my son and daughter to live with me. Instead of going with Joint Custody, she is wanting to only give me temporary custody. I’m having a hard time believing that she’s doing this for the welfare of the children, so there must be some benifit to her offering this. If I am given “temporary custody” does this mean that I’ll have to continue paying support for the 2 children that would be living with me? Any insight anyone can offer would be greatly appreciated.