My wife and I were divorced last year she is listed as primary parent and my daughter goes to school with her and comes to me in the summer and every other weekend. Recently, I found out her drining has increased and she was unable to get my daughter to school on time last year due to hangovers. She was absent 23 times and tardy 46 - Can I go back to court and ask that my daughter be reassigned to me for the school year based on last years actions? I don’t want to take my daughter but I don’t feel she has her best interests at heart. My daughter is 11. Thanks!
Yes, you can file a motion to modify custody and the judge will decide whether the requested modification is in the child’s best interest.
Can I file the motion to ammend the custody order or do I need an attorney to do that for me?
You can hire an attorney, or you can file the motion on your own. If you wish to file the motion on your own then you may find Rosen Online a helpful resource. You can find more information on Rosen Online here:
If my daughter comes to live with me for the school year do I have to continue to pay her mom child support if she is not living with her mom anymore?
In North Carolina, child support is calculated using guidelines. Whether you will have to pay is dependent on a lot of factors, but you can also file a motion to modify child support in conjunction with the motion to modify custody.