Asked in Child Custody and Military Law for North Carolina

Q: Does only the judge have to sign a temporary custody agreement due to military deployment (this is after he deployed)

On the order filed against us, they crossed out where the plaintiff, defendant and her attorney would have signed. Are they not required to sign the “motion” that was filed? My husband had primary custody of my stepdaughter that I have raised for the last 8 years and BM moved to NC when she found out about the deployment. She has had 2 prior CPS investigations against her and is currently in a 3rd, yet the judge still granted her custody?!?! We were all shocked and devastated to say the least. My stepdaughter has made it VERY clear to her BM & social worker that she wants BM out of her life. She is begging to speak to the judge.

Related Topics:
1 Lawyer Answer
LTC (Ret) Sean F. Mangan
LTC (Ret) Sean F. Mangan pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Military Law Lawyer
  • Silverdale, WA

A: A custody agreement may be formed between parties without the involvement of a court, but it carries no enforcement mechanism if a court is not involved. When co-parents are getting along, these are routinely formed without a court's involvement. In some cases the agreement is entered as a court-filing and then approved by the judge, which gives it force of law. Your situation seems to involve a non-amicable relationship, and a out-of-court agreement is unlikely, and even if one were to be formed it would lack enforcement. As for the military deployment angle, the Servicemember Civil Relief Act gives some protections when a deployed service member is able to respond to an action, but that would turn on the specifics of the situation.

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.