Change of custody


#1

It certainly sounds like things have not been going great since you separated and that the children are not attending school the way they need to be. If she is interfering with your custodial time that is one thing the court will consider if you filed a motion to modify custody.

The facts you have described sound like ones that may justify a modification of custody, you should schedule a consultation with an attorney to review the specific facts of your case and get a legal opinion based on all your facts.

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

ROSEN.COM

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

Can someone recommend a good lawyer in Western NC (Murphy, Franklin, Sylva or that general area)? I worked with a lawyer out of Waynesville, but I don’t feel like I was fought for during the divorce.

Thanks


#3

You can contact Shawn McMullen in our office: 919-787-6668 x100. If we have someone we would refer to, she would be able to tell you.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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

ROSEN.COM

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.


#4

I have been divorced for almost 2 years, we have joint custody and she has primary placement. She is living in NC and I am living in Hawaii (long story). I have placement at very specific times as outlined by our agreement, but she is always trying to modify it to suit her. I have been having issues with her from the begining, and am considering filing for full custody, or at least primary placement. Here are a few of the facts:

  1. Oldest daughter (15) does great in school, but has been tardy about 25 or more times this year (same problem last year). She gets placed in ISS for every 4th tardy - I believe she just had or 6th or 7th trip to ISS.

  2. Both daughters have missed a lot of school (same problem last year)