Change in Circumstances

North Carolina Divorce Law Divorce and Separation Answers
1

In order to get definitive advice you would need to meet with an attorney and discuss the specifics of your case with an attorney. However, the introduction of a new sibling would likely be a factor the court would consider in determining whether a change in custody is appropriate.

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Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

2

I am a re-married Dad and have been divorced from my first wife for over 6.5 years. My ex (who never remarried) and I have a seven year old together. My new wife and I are expecting our first child in a few months. I live in a nearby state to NC, and have over the last 6 or so years never missed a single weekend visitation with my child. Now that I am expecting a new child, I would like to go to Court in the belief that it would be in the best interest of the child for visitation to be significantly modified to enable my child to bond and form a sibling relationship. My thought is I am seeking about 8 weeks of the summer, spring break and most of winter break (alternating Christmas each year), in addition to normal weekend visitation. I do believe any normal individual (judges included) would believe that it is in the best interest of a child to develop a sibling, loving relationship. Please let me know what NC law is or any precedence in this regard. I would like advise prior. Thank you.

GStein