Could you please advise me on the steps I need to take to correct the fact that our last custody order states that only one parent has primary legal custody?
You would need to file an action to modify the custodial arrangement, and will need to allege that there has been a substantial change in circumstances which affects the well being of the children and has taken place since the entry of the last order.
Thank you, I figured as much for that. As far as substantial change, would the fact that I now am remarried and have the ability to stay at home with the children, while he continues to work 60+ hours per week and leave them in daycare, coupled with recordings of exchanges that involve the children screaming that they do not want to go with him be sufficient?
I believe your ability to stay home with the children should suffice, and would include allegations surrounding the children’s desire to spend more time with you.
I note that you have an office in Charlotte. I have relocated to Denver, NC with my husband, but currenlty work in Statesville until if and when custody is changed. Could you email me at run2shangrila @hotmail. com with your typical retainer fee schedule and the maximum geographical area that you practice in. It would be my preference to have this case moved out of the district it is currently in, however my last motion to have that done was denied following my ex’s evening at the chief district court judge’s house a few days prior to the hearing.
Please contact our client liason to discuss practice areas and fees. She can be reached at 704-307-4600, ext 100.