I divorced in 05 and the court gave us joint custody. I was listed as the primary custodial parent and listed my exes visitation for when we lived close to one another and if we lived more than 200 miles from one another. In 06 she took me to court and we mediated a stipulation to the divorce decree. It states that custody is joint and pursuant to the 05 agreement and visitation is by mutual agreement of both parties. It states that if I'm deployed the kids stay where they are currently attending school until I am back or until school ends. It also states anything not superseded by this order remains in full and total effect. I left the military and my current job had me out of state for 15 days a month. My ex lived close by so we verbally agreed she would take the girls until my schedule had me home more. She then moved twice within a six month period both times without telling me. She ended up in North Carolina which is over 8 hours away from where I live. I am now only out of town on average 5 days a month and for the last 3 years have asked her to return the girls to my custody and she refuses with the promise of maybe next year. Since the stipulation did not change the custody agreement when we are more than 200 miles away from one another can I go ahead and take my daughters back? The divorce decree and the stipulation are both already registered with North Carolina. Do I need to go to court to enforce my custody or is it already enforced since its registered in North Carolina? The other concern is that the girls are scared of her live in boyfriend and states that he hits their mom. As well as 8 pages of other concerns and fears the girls have told me within the last year.
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Custody enforcement
- Thread Starter Brite650
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Proserpina
Moderator
When did she move?
When did you leave the military and how often have you seen the kids since then?
When did you leave the military and how often have you seen the kids since then?
The first was seven months after I told her she could have them temporarily. She moved to Louisiana in the middle of the night. Then she moved three months later to North Carolina and has lived there for just over 3 years. In dec of 09 my work evened out to the point it is now and that's when I started to try and have them returned to me since I am still the court appointed custodial parent.
Proserpina
Moderator
You need to go back to court and get that modified. "As agreed by both parents" is a dreadful order, because it's so vague.
mightymoose
Moderator
I agree. Every time I see that phrase in an order I recommend the parent go back to court and get something in more specific terms. An order like that is entirely unenforceable.
You have waited too long to try and do much with your existing order. Had you taken action immediately you may have had a lot in your favor at the time. Too much has changed now. Back to square one.
You have waited too long to try and do much with your existing order. Had you taken action immediately you may have had a lot in your favor at the time. Too much has changed now. Back to square one.
Proserpina
Moderator
Yeap, I'm in total agreement here.
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