I have been divorced for 11 years. Agreed to joint legal with 50/50 time split of 1 child. Two years ago I filed for custody modification due to several years of ex-husband being found in contempt, step-mom posing as the child’s biological mother, step-mom losing her own children in a custody dispute. I have been the registered school district since Kindergarten and filed transfer requests so the child could attended school in between both homes. The child will be entering 9th grade and ineligible to play sports for 1 year based on NCHSAA transfer status. My ex-husband and his spouse have convinced the child that i am lying and the child now wants to live with them full time. The ex lives in a different county and may not be willing to pay the tuition fees associated with transferring the child into another county school district. I am pursuing primary custody to provide consistency and stability in my child’s life. Sports is but 1 aspect and not being able to play in 9th grade as a transfer student has me leaning towards not transferring her and having her attend the high school 1/2 mile from our home. I am also pursuing the primary custody aspect despite my child stating she now wishes to live with her dad. I understand “best interest” of the child but sometimes parents have to make tough decisions that are best for the household which the child will ultimately benefit from even though the child doesn’t like the decision that’s made. What are some things that I need to make sure are presented to the judge that will be more in my favor?
In a custody modification hearing/trial, you need to focus on facts that show how the circumstances have substantially changed since the entry of the current custody order. These substantial changes need to have affected the wellbeing of the minor child.
You will also want to focus on facts that support your claim that your child will have consistency and stability with you but not with her father. And you should show how the father has used your child to turn her against you.
The general, judges want to hear as much as they possibly can when determining custody of a child, so the more information you have to present, the better.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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