Child Custody for 2 hrs question

Hello,

How are you doing? I hope you’re doing well in the best of health and everything.

Furthermore, I have a question about child custody.

The judge/court has ordered me child custody in the following way:
Week1: I am allowed to see my child on Wednesday for 2 hrs from 5pm to 7pm.
Week2: I am allowed to keep my daughter from Friday to Sunday evening.
Week3: Same as week1
Week4: Same as week2

Me and my Ex had a phone conversation (no proof to present) agreeing that it will be fine if I don’t come and see my child on wednesday. She can take care of the child for that 2 hrs.

So, my question is If I don’t see my child on Wednesday, the week I don’t have custody, am I failing to comply with the court order? as my work timings have changed, I used to work until 3pm now until 5pm.

My other question is that I am a full-time college student and will be graduating in December 2022. The judge ordered the court orders in Feb 2021. I want to apply for half custody of my child when I graduate from college in December 2022. Will I be eligible to apply for half custody of my child in December 2022? and what precautions should I take?

Thank You for your help.

You’re not failing to comply with the court order by not exercising your custodial time. To be held in contempt of court, you must willfully fail to comply with the court order, meaning you had the ability to comply but you chose not to.

Generally you can schedule a court date/trial date for a permanent custody hearing at any time. Since you already have a temporary custody order, you can likely calendar a date to have the issue of permanent custody heard before the judge.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.