Soc:
Ex and I split over 3 yrs ago; NC was marital home; I moved across state line to SC. Left the kids w/ Ex in NC. No court ever addressed custody. This Oct. kids tell me they want to live with me because of Ex's partying, drugs, etc.. I get an EPO in NC Ct and then at the 10 day hrg, I get Temporary Custody, w/ Ex getting visitation every Saturday from 9-6. Under the Temp Order, I have to continue transporting kids to NC schools, which is approximately 500 miles/week.
My lawyer is trying to settle custody w/o it going to trial and has asked me to sign a Custody Agreement for entry as a Consent Order. Ex has agreed to give me physical custody, but she wants joint legal. Ex also wants youngest daughter to stay in NC school, but says it's ok for eldest to move to SC school in January.
The Agreement does not define "joint legal custody." When I originally went to my lawyer, he said that if the kids went back to her I would want joint legal, but that if they stayed w/ me, I wouldn't want joint legal. Now, he won't tell me why he said that then but isn't sticking to it now.
Next, the Agreement does not address how long the Ex thinks the youngest should go to NC schools.
The Ex also will not come to pick up the kids for visitation - wants us to meet 1/2 way. When the shoe was on the other foot, I was solely responsible for picking up and dropping off.
Ex refuses to agree in Agreement to allow SC assume jurisdiction over the case after this Order is entered. She lives in NC, but works in SC; the kids are residents of SC, their doctors will be in SC, etc...
We're going to Ct on Monday - in theory to sign the Agreement and have it entered as a Consent Order. I'm worried - a lot.
My questions:
1. I'm terrified of joint legal because Ex and I can't agree on what day of the week it is. My lawyer keeps saying joint legal doesn't mean anything, but from what I've read in NC case law, it means Ex gets decision making authority along with me. Should I agree to joint legal WITHOUT it being specified that in the event that we can't agree, I have final authority?
2. Taking the youngest to NC school is cost prohibitive, is going to ruin my business, ruin me financially, and it violates NC statutory and case law because she's no longer domiciled in NC, etc.. My lawyer doesn't think I should fight this issue. What do you think?
3. On the meeting 1/2 way for visitation drop offs/pick ups, what's going to be my best argument against it. Again, my lawyer is saying don't rock the boat.
4. What can I do about the jurisdiction issue? If I try to have SC take jurisdiction, and she fights it, what do you think will happen? Again, my lawyer is saying don't rock the boat.
5. Is it time to find another lawyer?
Thanks again.
Ex and I split over 3 yrs ago; NC was marital home; I moved across state line to SC. Left the kids w/ Ex in NC. No court ever addressed custody. This Oct. kids tell me they want to live with me because of Ex's partying, drugs, etc.. I get an EPO in NC Ct and then at the 10 day hrg, I get Temporary Custody, w/ Ex getting visitation every Saturday from 9-6. Under the Temp Order, I have to continue transporting kids to NC schools, which is approximately 500 miles/week.
My lawyer is trying to settle custody w/o it going to trial and has asked me to sign a Custody Agreement for entry as a Consent Order. Ex has agreed to give me physical custody, but she wants joint legal. Ex also wants youngest daughter to stay in NC school, but says it's ok for eldest to move to SC school in January.
The Agreement does not define "joint legal custody." When I originally went to my lawyer, he said that if the kids went back to her I would want joint legal, but that if they stayed w/ me, I wouldn't want joint legal. Now, he won't tell me why he said that then but isn't sticking to it now.
Next, the Agreement does not address how long the Ex thinks the youngest should go to NC schools.
The Ex also will not come to pick up the kids for visitation - wants us to meet 1/2 way. When the shoe was on the other foot, I was solely responsible for picking up and dropping off.
Ex refuses to agree in Agreement to allow SC assume jurisdiction over the case after this Order is entered. She lives in NC, but works in SC; the kids are residents of SC, their doctors will be in SC, etc...
We're going to Ct on Monday - in theory to sign the Agreement and have it entered as a Consent Order. I'm worried - a lot.
My questions:
1. I'm terrified of joint legal because Ex and I can't agree on what day of the week it is. My lawyer keeps saying joint legal doesn't mean anything, but from what I've read in NC case law, it means Ex gets decision making authority along with me. Should I agree to joint legal WITHOUT it being specified that in the event that we can't agree, I have final authority?
2. Taking the youngest to NC school is cost prohibitive, is going to ruin my business, ruin me financially, and it violates NC statutory and case law because she's no longer domiciled in NC, etc.. My lawyer doesn't think I should fight this issue. What do you think?
3. On the meeting 1/2 way for visitation drop offs/pick ups, what's going to be my best argument against it. Again, my lawyer is saying don't rock the boat.
4. What can I do about the jurisdiction issue? If I try to have SC take jurisdiction, and she fights it, what do you think will happen? Again, my lawyer is saying don't rock the boat.
5. Is it time to find another lawyer?
Thanks again.