Custody Modification 2017

The mother and mothers boyfriend feel it is okay to smoke around my child. The mother of my child has engaged in arguments with her boyfriend to an extent that he has demanded that she and our three year old child leave the residence on several occasions. To my knowledge, the latest event escalated with the mother being arrested for assault and battery. Our daughter having to be removed from the home by the grandmother at approximately 12am. Due to those events, and the on going remarks the mother and mothers boyfriend have made in front of our daughter regarding me, has disturbed the natural love our daughter has for me, I have moved to custody modification. I’m not currently being represented, where as the mother is being represented by the boyfriends mother, whom is a well respected attorney. I do need answers to help with this case.

A custody order can be modified when there is a substantial change in circumstances affecting the wellbeing of the child.

At a modification hearing, you must show (1) that there has been a substantial change affecting the wellbeing of the child (in your case, a domestic violence incident in the home that has affected the child) and (2) why a change in the order would be beneficial to the child.


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.

  1. I no longer reside in Liberty North Carolina, and am requesting the pickup and drop off to be in a public, safe environment that is half way for the mother and me.

  2. I no longer work third shift in a factory while gaining an education. I currently work from home as customer care representative for Microsoft.

  3. Our daughter is no longer in a smoke free environment while in her mother’s home.

  4. Our daughter is no longer living in a friendly neighborhood.
    • I have witnessed knives, beer bottles and cans in an area accessible to our daughter.

  5. Our daughter has been subjected to domestic violence
    • The mother has been informed to leave the residence by the mother’s boyfriend on several occasions in the presence of Our daughter.
    • Mothers boyfriend has removed the mothers and willow’s personal belongings from the home placing the belongings outside, In the presence of Our daughter.
    • Mother has been arrested for assault and battery in the presents of Our daughter.
    • The grandmother was obligated to drive to pick Our daughter the mother up from the Asheboro Public Library, and other nearby locations.

  6. I do not believe that all of Willows needs are being met.
    • Unclipped and dirty nails
    • Unclean clothing
    • Clothing that no longer fits or contains holes
    • Smelling of smoke
    • Brought to me with soiled clothing

  7. Mother has yet to locate occupation
    • It has come to my attention that the mother and mother’s boyfriend have concentrated solely on video games opposed to locating a proper occupation
    • Have exposed our daughter to violent games, and allowed her to play video games not within her age group
    • making inappropriate videos, posting them on YouTube.

  8. Our daughter is not yet in Pre-school

  9. Mother has not attempted to attend our daughters therapy sessions, nor has she attempted to schedule then take our daughter to her therapy sessions.

  10. I feel that Our daughter natural love for me has been interrupted due to the comments the mother and mother’s boyfriend have made in front of Our daughter
    • Comments suggesting, I will suffer potential harm, to be inflicted on me by the mother’s boyfriend
    • Comments regarding my means of parenting
    • Comments regarding my payments of Child support
    • Comments regarding scheduling issues or accommodations between the mother and me.
    • I also feel that the natural love and connections Our daughter should have with her mother, friends and relatives

  11. During times when the mother and I cannot accommodate one another, the mother refuses to attempt to comply with the original court order.
    • During times where I have altered occupation, I updated the mother on my hours of operation and location of my job.
    • For a brief period, we will have a personal arrangement, and I will inform the mother if any alterations may arise, I will update her and we should work from there. I also informed her that if we could not make proper arrangements, we should return to the original court order, or have it modified.

** I understand the need for consistency, however I made the mother that there will be alterations in my scheduling from training to full time opportunities, as well as my schedule alterations as I worked in construction during periods of inclement weather.
*** I understand that it will benefit our daughter to reside with me primarily, as she will not be subjected to domestic violence. Our daughter will enter Preschool. Our daughter will reside in a safe neighborhood. She will learn proper discipline, as well as morals and principles. I will continue to teach our child to love and respect her mother no matter how I feel personally towards the mother. It would benefit our daughter to have less exposure to second hand smoke and thus reducing her chances of becoming asthmatic, or suffering from any other smoke related illness.

As I will be representing myself, I would like to know, how to go about asking each party questions in the courtroom, in a way that does not seem as if I am badgering or leading.

If you are cross examining a witness, you can ask leading questions. For these witnesses, it is a good idea to get the witness to confirm their prior testimony first, then try to impeach their statements, their credibility, etc.

For witnesses that you call that are not the other party, you cannot asking leading questions. Your questions should generally require “yes” or “no” answers and you should often ask the witness to explain their answer, ask them what happened next, etc.

It is key to remember that when you are asking questions, you should only be asking questions and not also trying to testify. You will always have a chance to testify yourself. If you were the party making the motion to modify, then you will be able to present your case first, before the mother.


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.

with the boyfriend making videos like this, what kind of evidence can I
present this as?

http://www.avg.com/email-signature?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=webmail
Virus-free.
www.avg.com
http://www.avg.com/email-signature?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=webmail
<#DAB4FAD8-2DD7-40BB-A1B8-4E2AA1F9FDF2>

I was informed that being it is a “Comedy” staged video, it means nothing. However, I am not comfortable with his type of humor and fear that this type of “humor” may be displayed in front of my daughter.

This video may be irrelevant to your custody modification case because it does not pertain to the child at issue or the child’s best interests. Remember, for a modification hearing, you want to show the judge that there has been a substantial change in circumstances affecting the wellbeing of the child and why a change would be in the best interest for the child. You will need to present evidence directly related to those points.


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.

Understood, I was hoping that it would be relevant as to the maturity
level, or character of the individual assisting in raising our daughter.
Not a good roll model so to speak

For a child support case , How can I subpoena mothers bank records from the child support ?I know for absolute fact that she has a debit card issued by child support, and that its been used for cigarettes, video games and other items that will not benefit our daughter.

You can issue a subpoena for child support enforcement and the associated bank/financial institution to produce all records and transaction histories relating to your case. However, child support payments are to be paid according to the child support order but there is no requirement on what the recipient parent can and cannot spend the child support money on. Thus, depending on what you are trying to prove, this argument will likely be unsuccessful.


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.

I do not mean to seem petty. Just not too thrilled at what I’ve witnessed.
And I thank you for your honesty

Regarding the issues with making accommodations, if both of us are unable to see eye to eye with the verbal agreement, do both parties have to agree to go back to the original court order? Im not understanding how the process works. We were able to see eye to eye and make arrangements here and there. However, as time went by, we were not able to make an agreement, and I would say lets just go back to the order. She would refuse and inform me that we both have to agree to go back to the order. Therefore I was stuck having to comply with her.

A court order remains in effect until a new order is entered or the order terminates. Therefore, the order that you have is likely still in effect if a new order has not been entered to replace it and both parties must follow it. Verbal agreements cannot override a court order. The parties to not have to agree to revert back to the court order assuming the court order has been valid and in effect the entire time.


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.

Two more questions.
1: I wish to subpoena an individual, and wish to send the subpoena VIA US post. How do I go about this? (I have the form from the Court House, Stamped, notarized)
2: I wish to have an individual whom cannot attend court write an affidavit, yet I know little of the process. How can I go about having the affidavit written, or typed? Also is this a form that I would have to pick up from the local Court House?

  1. You can have subpoenas served either by sheriff deputy or by certified/registered mail return receipt requested. If serving by certified/registered mail, you will need to file with the court an affidavit of service with the green card attached showing that the person was indeed served by certified/registered mail.

  2. There are no forms for affidavit. Generally, NC Rules of Civil Procedure require witnesses to testify in court. You can subpoena this witness to require them to come to court.


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.

May be the last question I will ask before court. Either way this case may go, what can be done about the smoking in mothers home? Am I permitted to request that no one smokes around our daughter?

Yes, you can request that neither party smoke in the presence of the minor child and that neither party allow the minor child to be in the presence of a third party that is smoking.


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.