Concord, NC asked in Child Custody, Child Support and Family Law for North Carolina

Q: Can I go back to court to undo a divorce agreement that I had with my ex husband?

My ex husband and I had a written agreement that he will be claiming our 2 older kids and I’ll be claiming the 2 little ones.that’s was my only option at that time (3 years ago) since I didn’t have and Attorny and couldn’t afford to have one. He only pay court order child support. He doesn’t see the kids even though he supposed to have them every weekend as per the custody order. he doesn’t call them anymore. And he doesn’t buy them anything or involve in their life at all. Can I take him back to court to break that agreement and claim all my 4 children? Or it can’t be undone?

1 Lawyer Answer
Amanda Bowden Johnson
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: It depends on whether the agreement was properly drafted and executed and whether it was incorporated into your divorce judgment. Typically, you likely will not be able to change it. Even if you could change, it you'd likely need some grounds to do so which based on the facts in your question, you likely don't have as it appears he is doing what he agreed to. It seems you simply do not like the fact that he no longer visits or seems to want to have anything to do with the children. While likely a bad choice on his part and it is understandable that you may disapprove, that is not something you do not get to dictate. In other words, you typically can not force someone to spend time with or extra money on their children or attempt to legally punish them for not doing so by taking away certain benefits such as allowing him the tax deduction that you by your own choice agreed to. All that said, we very often do not get a complete picture of what's going on in a forum like this so it never hurts to consult with a local family law attorney regarding this issue who can review your specific situation in more detail to see if there are any other facts which may change the outcome for you. Best of luck.

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.