Last October was the first time the case was heard in court. I was not there, I called the Clerk of Court to explain my son was sick I had had to do breathing treatments every 3-4 hrs. I also contacted my son’s doctor but apparently the fax they sent did not get to court and the clerk of court did not tell the judge I called. They had court and even though I had full custody but no court order (his father was not in his life until he was 1.5 yrs and we would go months without hearing from him) of my son all of his 4 years, the Judge gave the father full legal and physical custody. In February, I tried to represent myself for the visitation hearing and it went badly. She would not listen to the recorded calls with the doctor and clerk of court. So, I ended up getting everyother weekend and some summer and after Christmas (no Mother’s Day or other Holidays or Birthdays). I final have money for an attorney and when I contacted one she said there had to be a substantial change in the case. What are things that constitution a change? I feel like because I did not have money for an attorney until now, I lost my son.
It is correct that in order to modify a custody order there must be a substantial change in circumstances affecting the wellbeing of the child. As you have described it, you likely do not have any evidence that a substantial change in circumstances affecting the wellbeing of the child has occurred since the entry of the custody order.
A substantial change in circumstances varies from case to case. A change from the time the order was first entered to the present time which is substantial and adversely affects the child would likely be considered a substantial change in circumstances necessary to modify a custody order. This is because modifying the custody order would then benefit the child and the modification would be in the child’s best interest. Conversely, if there have been no substantial adverse effects on a child’s wellbeing since the entry of the custody order, then there would likely be no substantial change in circumstances and the custody order could not be modified.
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.