Durham, NC asked in Contracts, Divorce and Child Custody for North Carolina

Q: Children's mother is pressuring me to accept a new custody agreement and threatening to file a motion to alter

We have a signed agreement on file with the county - the mother wants to change this, I do not. She had an attorney draft a new agreement which I do not agree with. She is pressuring me to accept the agreement or she will file a motion to alter. I do not agree with the language or the items presented in the agreement. The document makes all sorts of character claims (obviously good) about the mother that I don't feel need to be in a document related to established custody.. bottom line is I don't want this altered. How can she alter it without my approval? We both signed to and agreed to the original agreement and it is on file and accepted by the court for over 2 years.

1 Lawyer Answer
Amanda Bowden Johnson
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Answered

A: Your approval would make things easier and cheaper for her but why would you think she needs your approval? She can certainly roll the dice and see what a Judge says. There's likely no downside to her (except the expense of hiring an attorney) as she likely won't lose anything she already has and has a chance at getting what she wants. So basically yes, she can attempt to have it altered by filing the Motion she is threatening whether you agree or not. However, it appears she is hoping she can simply nag you into consenting to it. However, I don't see how she is 'pressuring' you in any way. If by pressuring, you mean harassing you - file for a restraining order. Bottom line, she either will or won't follow through with her threat to file the motion to modify. If she does, she either will or won't win based on what a Judge decides. So from a logical stand point, if you do not agree with the proposed changes then at this point, there is likely no incentive for you to agree (other than saving attorney expenses of your own).

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