Custody modification


#1

Modifying custody is more difficult the longer a “pattern” is in place. You must show the court why it would be in the child/childrens best interest to change the routine they have grown accustomed to. If you have just had custody court ordered it will be difficult to appeal that decision though. The judge would probably have preferred that you request more visitation before she made her decision…

Not sure how you would need to do this. I would think the option you have is to modify your custody to primary physical custody, depending on what you have now…


#2

It was a temporary hearing, and I really was in fear of loosing joint legal. Hence forth I took what the judge gave me with a smile,and got out of dodge, well except for feeling bad for my stbx, and the split home for the childs sake. I figured that under the circumstances, a pattern of me being a good father over a two year period would help the situation in getting the extra time I seek. Do I make some sense?


#3

We discussed this question on our live radio show. You can find the recording here;

radio.rosen.com/2008/07/31/nc-di … y-30-2008/

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#4

Helena,

I listened to the radio show, it was very informative and thank you for the insight. I should have mentioned that I was the defendant in the case. My STBX thought I was going to get absolutely zero time with the children, and as you know it turned out very well for me.

The advice was great, I will probably be waiting about a year or so, and then I will try and go back for more time with the children. The reason I thought 2 years would be great is that my younger one will be starting school then and out of daycare. I thought that would warrant a real change of circumstances, and also at that point I would have a demnstrated pattern of beinga great parent. My whole issue pertains to my STBX not thinking I have changed my ways, which I have. She seems to be so caught up with living with her parents and her anger that she can’t see the forest from the trees.


#5

I wish you the best of luck.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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.


#6

I have a question regarding custody.

I did very well at the temporary custody hearing. I actually feel bad for my stbx, she hired the best lawyers going, probably cost her a fortune just to get where we would have been in mediation that she wouldn’t embrace. As anticipated the judge saw that I am a really good person, and great parent. While I made some mistakes in the past, she saw that I deserved a chance and I retained legal joint custody, and she gave me more time with the children than I already had in place verbally with my stbx. I have what you might call the best situation I could want right now visitation wise. I do seek to add just a slight bit more time, my question is; How long of a pattern should be in place that I have been performing well as a parent before I should attempt at going back to court for more time with the children?

Neil Kravis