Legal Question in Family Law in North Carolina

My custody agreement states that my child’s mother and I share primary care and residence of our child (50/50). Recently my child’s mother took her to Disney and kept her out of school ( grade 4) for 3 days during her week. Her mother never told me she was taking her out the state or that she would be missing school and no contact information. It states in our agreement we’re to tell the parent when we take the child out of the area for overnight travel or vacation and provide a contact number to be used in case of an emergency. Is this considered violating our agreement? Would this help me to get full custody of my child?


Asked on 12/13/19, 11:41 am

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

As you describe it, yes it is a violation of the agreement. No if this is the only violation it likely will not be grounds for you to get sole custody in and of itself. However, that said you likely should consider popping her with a show cause hearing if your agreement has been made into a court order and especially if your agreement has a clause that says the breaching party is responsible for court cost and attorney fees. If she continues to do things that violate the agreement then you may have grounds to move for a change in custody..

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Answered on 12/14/19, 7:54 pm

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