Our child lives with other parent during the week and with me on the weekends and summers. We do not live in the same county. The custody hearing took place in a NC county neither parent no longer lives in. There was an order put in place for child support with family court where I live. Other parent was ordered to pay me in support for our child. Our child is special needs and I believe the school as well as the other parent isn’t supporting our child academically. The school our child is in is a title 1 school and is and has a grade of an F. There are better schools here in my county for our child. I am trying to do so much with our child’s current teachers but it doesn’t seem like they care. I am getting the run around with school and the other parent. I requested a meeting before Thanksgiving with the teachers and principal and haven’t heard anything yet. I am an educator and this is unacceptable. My other children that I have with my current spouse are in an amazing school. We are involved in the our children’s education and the teachers respond to our concerns if not that day then the next day. The communication is great. I could get my child that I had with my ex into this school.
My question is can I file a motion to change my custody order in my current county eventhough our child lives with other parent during the week and with me on weekends and summers? The original custody order was just put in order over the summer through family court in a county neither parent lives in. Also having a child with special needs at a school that isn’t effectively communicating with parents and not letting us know what we can do to support our child academically a substantial change in circumstances? They aren’t following what was put in our child’s IEP either.
You will have grounds to file a motion to modify custody if you have a permanent custody order and there has been a substantial change in circumstances affecting the wellbeing of the minor child that has occurred since the time the current order was entered.
You will need to file the motion in the county in which the order was from, even if neither parent resides in that county. You can also file a motion to change venue to the county that either you or the other parent resides.
You cannot file the motion to modify in your current county first because that county will have no record of the custody file as all records are in the county that issued the order.
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.
Thank you. I am trying to do a motion to set aside because the judge signed the order and made changes that we didnt agree to in court and we had a parenting agreement that we should still follow but it doesnt say that we still need to follow our parenting agreement in in our custody order. I had a new judge and I dont want to go back to her in regard to anything dealing with this case. Would I need to do a motion to set aside before doing the motion to change venue or can I do a motion to change venue then if it is granted do a motion to set aside with the new county family court?
The motion to set aside needs to be made in front of the judge that issued the order. Then you can file the motion to change venue for a new issue or modification issue.
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.