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Submitted 309 days ago...

amoseley

amoseley

New User (1)

Primary Custody

In my divorce the attorney listed that Child custody referred to our sepertation agreement that my ex husband and I had in which we agreed to joint custody of our son, but that I the wife would have primary and physical custody of our son and that his father would have open visitation upon giving reasonable notice to the wife-me. Since our sepaeration in 2003 our son has lived with me and we moved to another county where he now atends school. I have remarried and my husband has accepted a job at an Army Post in Alabama and we need to move. I now reside in North Carolina and my question is: Can I legally take my son to Alabama? I am meeting with him to tell him face to face and I need to know what my rights are. I am willing to give him shared holiday time, and summer vacation time. HELP!!!

 
 
 
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Answer 1 / 3

Submitted 251 days ago...

Rick_

Rick_

Expert (677)

There is no definition for joint custody in North Carolina. Joint custody is however the parties define it. The parties may conclude that an every other weekend arrangement is a "joint custody" arrangement. For purposes of child support, a joint custody worksheet is if the parent with "visitation" has more than 123 overnights. Sole custody is when one parent has primary and exclusive care, custody, and control of the parties children

I dont think your being unreasonable at all with the visitation rights , I am sure he knows your a good mother and taking good care of his son, or he would have tried to get costody of him .
I think you can work things out to where you Ex will be satisfied with the situation ,
Be very considerate of him and your sons relationship and allow him all the time he wants with your son ,within reason .

To Improve Primary coustody
If you’d like to improve your chances of having a lot of time to spend with your child or children, try everything you can to co-operate with the other parent and NEVER speak badly about that person when your child is around.

When these things do not work, the court will want to know about your rules for the child. No rules—no primary custody. Your job is to parent your child, not be her/his best friend. Along these same lines, the court will want to know how often you meet with the teacher, take your kid to the doctor and dentist, and how many activities and sports events you attend.

The court will also want to know if your schedule will help your child maintain his/her activities and friends, or whether it disrupt the child's schedule. The court will want to talk with your child, but not to find out where the kid wants to live, but rather what kind of kid this is and how happy/unhappy this child is as a result of having to go to court because the parents can’t reach an agreement.

Helpful witnesses for you would be people who have seen you interact together and have no bias. Your mother will always lie for you. Teachers, coaches, neighbors and therapists will not.

The best way to win a custody battle is to stay out of court. One day your child will be old enough to decide what she/he wants to do every weekend. That’s when fairness, love and compromise pay off!

 

Answer 2 / 3

Submitted 168 days ago...

tomturkey

tomturkey

Brain (2,691)

You can talk to your ex and tell him the situration and hope that he won't give you a hard time. If he says know then you will need to file a motion with the court to modifly the orignal order. This happened with my son. He just agreed and they verbally agreed on him getting the children a week after school was out and returned them a week before school started also she let him have them on spring break and every other holiday. Then when she did move back they went back to following the orignal court order. Of course this does not work for everyone. However if your husband has to move due to work you have a good chance of changing the orignal order exspecially when you are more than willing to give him summers and holidays.

 

Answer 3 / 3

Submitted 114 days ago...

Fakery

Fakery

Brain (2,481)

If you are the legal sole custody guardian of your son, yes you can take him with you to Alabama. His dad won't like it, but he isn't the primary custody parent.

 
 

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