Changing custody - need lawyer?


#1

If the two of you can agree to a modification without attorneys then you can certainly do this without attorneys, however it does not sound to me like she is willing to agree to the new schedule. If you cannot reach an agreement, then your next step would be to file a lawsuit.

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

Helena…we have been back and forth with this for months now. She’ll say she will agree and then change her mind or add some new twist that further stalls the issues and puts us back at square one. Meanwhile we have had the increased visitation since early August. My husband has told the lawyer to go ahead w/ court hearing to modify custody and support. Here are my questions:

  1. If we have had this child for the extra time since Aug. with written(e-mail) confirmation from her is there any chance this could be taken away? We are now at joint custody and this was recommended last year by the mediator.
  2. His other child (now 18 but still in high school) refuses to visit. We suspect mom is encouraging visitation. Will this be held against my husband? He stays in contact with her and takes her out to dinner.
  3. There are several issues that warrant modification of support including: decrease in income, increase in medical costs, after school/day care. Will they modify support simultaneously with the evidence of increased overnights?
  4. Will they have to go through mediation again to change custody? This was an exceedingly non-productive series of meetings over 4 months last year, with no willingness to compromise on her part.

#3

If you go to court for a modification of custody, you will have to go through the court ordered mediation process before the court will have any hearing regarding custody.

If you have been exercising a new custodial situation since August and file for a motion to modify custody based on those facts the court will definitely take that new schedule into account when making a determination of custody. The court has broad leeway when it comes to the custodial schedule and so they may change the schedule, however, they will take into account what they have been doing.

If the court modifies custody they will also modify support to reflect the new custodial schedule.

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

Is there any way of waiving mediation or setting a limit to the number of visits to the counselor? The last time this caused everything to drag out for about 6 months and it became an emotional issue for the kids. Additionally the mom is very uncooperative, cancels appointments at last minute and is defensive without provocation which makes the sessions tense and uncomfortable.


#5

You can file a motion to waive mediation and address this issue with the judge, it is within the Judge’s discretion to waive mediation.

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.


#6

We’ve had this ongoing saga that we’ve been trying to resolve for a couple of months. Mom willingly “gave” us more visitation time but when we tried to have this agreement notarized we went through 2 months of excuses. Finally turned it over to the lawyer. Now she’s saying she’ll sign only if we give up various holidays(Christmas Eve/Christmas and Thanksgiving), though the original order clearly states alternating holidays. We are totally frustrated as we feel like we could have done this w/o getting lawyers involved. Is it too late to give this another try and just get a notarized agreement that she’ll sign? Can we do a modifcation of custody without a lawyer?