Contempt Motion and Motion to modify custody

North Carolina Divorce Law Divorce and Separation Answers
1

Hi There,

First of all. I am extremely broke. Since my separation in June 09 and subsequent divorce in December of last year, it has been a constant battle to maintain a civil co-parenting arrangement. In our separation agreement I agreed to a very high amount of CS and alimony and have always paid on time. So, i have no money for an attorney. The EX continues to try to manipulate me and cause me trouble, she refuses to follow our 50/50 custody agreement and regularly does things like picking up our daughter early from school on days she is supposed to come home with me. She also continues to attempt to turn our daughter against me.

In a last ditch effort to get her to cooperate and work together civilly, i am working on filing a Contempt Motion along with a Motion to modify Child Custody (pro se)

Here are my questions:

  1. The separation agreement was incorporated into the divorce judgment. Am I correct in assuming that that makes the custody arrangement a court order?

  2. Can these two motions be filed together? Will they be heard at the same time? Should i attach a copy of the current agreement or simply reference the case file number?

  3. Is the judge most likely to send us to mediation with the filing of the change of custody motion?

  4. Mediation is actually preferred in my opinion, is there an easier way to get to mediation other than the motion?

  5. Is it appropriate to ask the judge to order a psychiatric evaluation of my ex and/or daughter to determine mental stability, or is this another motion/issue all together?

Thank You!

2

  1. Yes, that is correct.

  2. The motions can file filed at the same time, and you may seek to have them set for the same day in court. Go ahead and attach a copy of the agreement as an exhibit to your motion.

  3. Depending on your local county rules, you may have to attend mediation prior to hearing on the modification issue, but not the contempt issues.

  4. You need to file a motion before a mediation can be set/ordered.

  5. A psychiatric evaluation would require a separate motion.