Legally, I believe that you could go back to the original document but in theory he could contest this in court since you did agree. An e-mail from you and you have been following the schedule with the change for any length of time…means that you had an written agreement.
Are you trying to say that it’s not an agreement since you didn’t sign it? What difference is this one extra night making and why is it not beneficial? If he decided to pursue modification he would have a good case, since you have agreed and have been allowing this schedule. The best situation would be that any change in custody is written down and signed with the stipulation of time frame or reasoning for returning to a previous schedule.


Unless your agreement permits it to be modified sing emails, then an email is not generally a valid modification of a Separation Agreement.

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.


We currently have our separation agreement incorporated into our divorce decree and it states our visitation arrangement which we used for 3 1/2 yrs. Last year we made a change to a new schedule for the benefit of my ex-husband (one additional overnight). I agreed to the new schedule via email…no autosignature or name on the email. I want to go back to our legal agreement since I don’t think the change is working to the benefit of our daughter but my ex says that we cannot because we have a “written” agreement via email. Is this true? I didn’t sign anything to make the change.