Contempt motion after permanent custody order sig

Hello. I’m filing 3rd contempt motion. Permanent custody order has been signed 3 months ago. We filed 2 contempt motions before the permanent custody trial which helped me because of the ruling in the fact of findings. 3rd contempt, x is continuing to break all the orders again. What usually happens when a judge sees a parent is not respecting the custody orders? Can a Judge rule all the custody care and control into 1 party when the permanent custody order is joint legal? Can the party found in contempt go to jail? What case laws does the Judge follow regarding contempt motions?
Thank you.

If a judge holds someone in contempt for willfully failing to follow a court order, the judge can fine the person and/or put them in jail.

The judge may, on his/her own motion, modify the custody order if he/she believes the order is not in the best interests of the children and a substantial change in circumstances has occurred, but this is not as likely.


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.

Thank you. How much time do I have to appeal the permanent custody orders signed on May 6th 2021?
I am not tolerating this broken system basing their ruling off false allegations, false narratives that manipulated the courts. Every child needs to be solely with their mother unless the mother was literally hurting the child. What change of circumstances account for full custody in this broken system? What accounts to get fathers rights terminated on all accounts? Writ mandamus work here as well?
Thank you again for your help. This is serious for a child in their formative years.

You will be unable to appeal a ruling that was entered (file stamped) on 5/6/21. You have 30 days from the time the order was entered to appeal, and it is now past 30 days.

A court order can be modified if a substantial change in circumstances has occurred affecting the wellbeing of the minor child since the entry of the current order. What constitutes a substantial change in circumstances affecting the wellbeing of the minor child is very fact-specific and varies from case to case.

To have a parent’s parental rights terminated, the parent must have willfully abandoned the child, abused or neglected the child, or willfully failed to pay child support for one year, among other reasons and grounds.

Writ of mandamus does not apply in family law.


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.

How long after a permanent custody order was entered can we file for modification of custody?

You can file a motion to modify permanent custody at any time there has been a substantial change in circumstances affecting the wellbeing of the minor child(ren).

There is no set amount of time. Generally the less amount of time between the entry of the custody order and the filing of the motion to modify makes it more difficult to prove a substantial change in circumstances has occurred, but that is not always the case.


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.