Home > Research Legal Advice > Child Custody > I need to know how to legally enter into a temporary physical custody ag...
Asked about 1 year ago - Fayetteville, NC
FlagMy two minor children live with my ex wife in tennessee she is being evicted and needs me to take temporary physical custody of the children until around mid July. She is also going to give me special power of attorney to use the child support payment card while they are in my care. we have Joint legal custody already and I am trying to cover all my bases legal because I will be enrolling them in school and keeping them for more then the 88 days set out in the Divorce decree. I need help and quick.
The answer to your question has something to do with where the custody order was entered, NC or TN. If entered in NC, I suggest that you have an attorney in the county where the order was entered draw up a short consent order that gives you temporary custody. That should suffice for school purposes. If the custody order was entered in TN, then it needs to be done there. If the school does not need a court order and only a signed Agreement between you and your ex, you might consider having an Agreement drafted that provides for what you and she are agreeing to. That way, it is unlikely that any court would hold you in contempt of the custody order. It would really be best for you to consult a family law attorney in the place where the custody order is entered as soon as possible.
If this is a NC custody order, then you need to modify the order in North Carolina. You could get a local attorney to prepare a consent order for you stating exactly what you and your ex wife have agreed to change. You would both need to sign the new order and the attorney would get the order signed by the judge.
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