Currently I have 50/50 legal and physical custody of my children. They reside with me every other week. Due to circumstances that have been occurring with the mother I would like to petition to change the order so I have them every week, she has them on the weekends and during the summer she can have them 3 weeks. I am a bit confused here on a couple of things;
- Being that this went through mediation, do I contact the mediator and let that individual know the issues and circumstances for the changes to get this process started?
- If one of the children keep the 50/50 and the other do the every week with me, weekends with her what NC child-support worksheet is utilized?
- We now live in a different county from when the original parenting plan was filed, does it stay in the other county or should I petition in the new county?
- Being that the children would like to stay with me due to the circumstances and they are at an age for their concerns to be heard, will a mediator assign a representative to the children or is that only if it goes in front of a judge?
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Assuming you have a court order (or parenting agreement that was filed with the court and signed by the judge) which is not a temporary court order, then you will have to file a motion to modify custody based on a substantial change in circumstances affecting the wellbeing of the minor children. Once you have filed the motion, you can contact the custody mediator’s office about a new mediation session.
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You would use Worksheet B.
(3) Assuming you do not have a temporary court order or parenting agreement, then you would need to file your motion to modify in the original county as well as a motion to change venue to the county in which both you and the mother now reside.
(4) A mediator will not assign a representative for the children. A mediator’s only goal is to resolve the custody dispute between Mom and Dad. A judge could appoint a guardian ad litem or child advocate for the children.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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