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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29051
Experience:  Attorney with experience in family law.
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I live in NC and 2 1\2 years ago when my ex husband and I

Customer Question

Good morning:)
I live in NC and 2 1\2 years ago when my ex husband and I divorced he wanted our separation agreement to state that neither one of us can move within a 5 mile radius from the town we live in and that our daughter ( we only have one child, she is 5) will go to the school he teaches at. ( he's an elementary school teacher). I signed the paperwork to just be done with him and didn't think these issues would pose a problem. Fast foward they are...
We share custody week in week off and on the week I have my daughter I can not get her back from school because of work. ( if she went to the school in the district we live it would not be an issue)
Am I able to get the agreement changed so she can attend the school in my district so she can ride the bus?
Can I also have the agreement changed ( which is legal binding) so I can move further away and move on with my life. This move would not change anything other than the distance I live from my ex.
I am on a very limited budget so any advice you can provide would be greatly appreciated!! And very helpful.
Thank you! ***** ***@******.***
Submitted: 8 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 8 months ago.

Hi Tracy,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your dilemma.

A custody agreement can be changed at any time where there has been a material change in circumstances. That means, you'd have to be able to tell the judge what unanticipated issues have arisen in the past 2.5 years and why allowing you to change those terms is in your daughter's best interest. If the quality of the schools in your district has increased significantly, that might help, or if the quality of his school has declined. It could also help if you have a new job, and the order is giving you a longer commute or other issues.

Alternatively, a custody order can be changed by the agreement of the parties. You could try talking to your ex-husband about making some changes, especially if there's anything you could offer him in exchange (like more time with her or not having to do the driving or something like that).

There are some counties that have modification forms available online. I'm showing you an example from Wake County, but check the website for the county where the order was originally entered.

http://www.nccourts.org/County/Wake/Courts/Family/Prose/Modification.asp

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