Custody Modification

North Carolina Divorce Law Divorce and Separation Answers
1

It is written in my separation agreement that child support be recalculated every 3 years. That new calculation is coming next month, and my ex’s child support will be going up significantly. He has told me since we separated that if I ever got more child support, he would file for joint custody. True to his word, I just received a summons for a Custody Mediation Orientation. He sees the children every other weekend. There have been no significant changes in my home or the way I deal with my children. They are happy, healthy, well-behaved, and well-adjusted children. I keep reading that there has to be a significant change in the children’s situation in order for a modification to take place.

First, what can I expect at the Mediation Orientation?

Second, the children have spent mostly all but every other weekend with me for 3.5 years now (aside from several months where he chose to see them much less). If what I say is true, and they’re still well-cared for with me, what are the chances of him being able to make a change?

Thank you for your time.

2

Mediation Orientation is a class-room type setting where the mediation process is explained to a group of folks who are engaged in custody litigation.
You should file a motion to dismiss his action as there has been no substantial change in circumstances warranting a modification of custody.

3

If I go to the court house, will they tell me what I need to do to file a motion to dismiss, or will they expect me to do it on my own (or with attorney’s help).

4

The courthouse employees cannot advise you with respect to the law. You will either need to file the motion on your own, or hire an attorney.