Q: My wife and I are separated and my middle daughter who is 13 has decided she wants to stay with her mother.
We have a contested separation agreement which defines us as sharing 50% custody. Her older sister who is 16 has also been with my ex-wife since we separated. My ex has pretty lax rules compared to me. I had to get these two and a friend released from Cary Police custody because they were trespassing in a local park after midnight and their mother would not answer her phone. What rights do I have to enforce that the 13 year old at least stay with me 50% of the time? I think my Ex is trying to convince them to stay more time with her so she gets more child support. I just worry about their safety in such a lax environment.
A: You'll need to file a lawsuit for custody, if you want to enforce your agreement and/or get more time with them.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
