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This is a tough question. in 2010 my ex-girlfriend signed…

This is a tough question...
This is a tough question. in 2010 my ex-girlfriend signed over sole custody of our child to me. She lived in the state of New York and I lived in the State of Texas. Later we got back together and decided to get married. However, we never modified the sole custody order. I was in the Army so we were deployed overseas. When we got back after I got out of the Army, she decided to join the Army and went to North Carolina. I decided that I did not want to remain married to her, but she convinced me that she would file for the divorce in North Carolina. In North Carolina a custody agreement is not required if there is a private custody agreement. She said we could just have a verbal agreement and the divorce was granted. We never wrote an agreement, but shared custody of our daughter for two years. She also had me convinced that my sole custody expired when we were married in the State of Texas. Now she's flaking out on the shared custody and is keeping my daughter from me. Is my sole custody still in effect since it was never modified and we do not have a written other agreement filed in any court?
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Answered in 21 hours by:
3/17/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 21,337
Experience: B.A.; M.B.A.; J.D.
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Your Question:

Is my sole custody still in effect since it was never modified and we do not have a written other agreement filed in any court?

Response: Unfortunately, no since the agreement was made before your marriage. Your marriage supersedes the agreement. Regrettably, you would now have to take her back to Court to obtain custody and visitation rights to your daughter. Since both mother and daughter are now in North Carolina and divorce was filed in North Carolina, you need to file complaint for Custody and Visitation at the Courthouse in North Carolina where the divorce decree was issued. You can obtain complaint forms online from the Court's website if the Court makes forms available online, or contact he Clerk's office to send you the required forms.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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Customer reply replied 1 month ago
Even if it wasn't an agreement, but an order by the judge and mom relinquished her custody to me? Her mother had filed for custody, and instead of having my daughter be given to her mother by the court due to her irresponsibility, she decided to relinquish custody to me. Sole custody was awarded by the judge.

Unfortunately, yes. You marriage superseded that Order.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 21,337
Experience: B.A.; M.B.A.; J.D.
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Phillips Esq.
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Category: Family Law
Satisfied Customers: 21,337
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Experience: B.A.; M.B.A.; J.D.

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