Child Custody Revisited

North Carolina Divorce Law Divorce and Separation Answers
1

Dear Atpeace:

Greetings. Clearly your spouse falls into the category of “sore loser.” When parties have a highly contested custody issue where a trial is necessary, if the order is not drafted correctly and/or a parent coordinator is not assigned, then yes, it may often flare up again in a year or so.

Before your husband can take you back to court for child custody, he would have to prove that there was a substantial change in circumstances that negatively impacts the child(ren). There is no specific waiting time for this.

I cannot speak for the judges, but I would assume that it does irritate them to have to see the same parties in their courtroom again. When judges talk about “case building” they usually mean living your life and keeping records as if tomorrow will be another court hearing.

Let your ex live in anger and hostility - it will give him heart disease or something else. You just enjoy your child and do the best you can to parent her. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.

2

I won custody of our 6-year-old daughter in March and thought it was all behind us. He was abusive to me during our marriage, manipulative of our daughter after separation, and not much of a participant in schooling or counseling. Now my daughter tells Grandma (when being reassured that everyone has to do what the judge says and that it’s all over) that “Daddy says it’s not over yet; Mommy just thinks it is!”

Is there a waiting period before he can file or contest the ruling?
On what grounds can he file a custody suit?
Once a judge makes a decision (after a 2-day trial), doesn’t it irritate them to have to hear a case again unless major changes in the case have occurred?
The judge told both of us to stop our ‘case building’ immediately - - what do you think she means by that? I don’t want to aggravate the situation.