This child support order is for another child. We have a custody agreement, but I did not drop him off because he refuses to let me see that he is present and I am afraid he will run with my child. What kind of papers do I need to fill out in order to get full custody? I live in North Carolina.
You need to file a Complaint in the county where you and the child live and ask the court for custody. It is possible that your county has some forms to use to file a claim for custody. Check with the Clerk of Court's office first. In the Complaint you file, you should tell the court what county you live in, where your husband lives, when you were married and when separated, teh name and birthdate of your child, you should attach a copy of the Agreement you signed and tell the court that you are a fit and proper person to be granted custody, and that it would be in your child's best interests that you be granted custody. it would be a good idea for you to get some legal advice about the matter before proceeding, so try to see a local attorney who practices family law in your county.
If your custody "agreement" is not a court order, then I wouldn't be too worried about pursuing sole custody. Your ex would have to sue you for custody or file a complaint for sole custody and then he will have the burden to prove he is better fit to care for the child than you.
If the custody "agreement" is a court order (signed by a judge), then you may be subject to contempt of court for failing to comply with the order. In that case, I would recommend filing a motion or new complaint for modification of custody as soon as possible. I always recommend obtaining counsel when you are dealing with something as important as child custody.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline