Visitation - what counts?

I suggest that you get this modified. If the new custody agreement is already modified and there has been a significant finacial change then the order the judge signed could be looked at for modification. I would suggest that the e-mails be used and get this modified legally so that there are no issues that come up down the road…

If you want to be guaranteed that she will not take the nights away from you, then you should get the new custody agreement in writing and then pursue a modification of child support. However, if she feels tricked, that may impact the co-parenting relationship between your Husband and his ex wife. I would run the child support number and see if the amount of money he is going to save in support is worth the difficulty it may cause.

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


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 Feb of last year my husband and his ex (w/ the help of the lawyers) devised a new custody agreement which the judge signed which gives him 4 additional nights per month and every other week in the summer. It was noted that this would be in effect until Dec without changing support. In Aug his ex agreed to give him more overnights (+4/month). In addition to these additional overnights my husband’s income has decreased by about $1500/month, child care has increased by over $100/month and medical insurance (he pays for children) has increased by about $20/month. Can we go back for modification of support even though his ex has only verbally given these overnights? We do have her statements in e-mal.