Custody modification

North Carolina Divorce Law Divorce and Separation Answers
1

Here are the facts:

Ex-wife has custody of children.
She has been to jail for domestic violence twice during the marriage (now divorced).
Two of the three children have failed one year of school since being in her custody (three years she has had them).
I had a bad attorney who did not bring up the domestics in court.

Is there a possibility I could gain custody of them? I don’t want to go to court and cause a battle if the chance of winning is slim, as it would just anger her more, and it would cause more problems for the children as well as me being able to see/talk to them (she already tells them “Daddy doesn’t want to see you” if I can’t pick them up at the time that is convenient for her-and who knows what else she says to them to try to get them to hate me). There is so much more to this story, but without knowing if there is a chance, I don’t have the extra money to spend on an attorney to anger her and not win them back.

2

You can file a motion to modify custody based on a substantial change in circumstances, namely that your children are not thriving in her care and are doing poorly in school. The judge will then make a determination based on all of the evidence presented by you and your ex. While I cannot make a predication as to what would happen, the fact that your children are not doing well is cause enough to try. I suggest you at least set up an initial meeting with an attorney to review the specifics of your case to get a better indication of what the potential outcome could be.

3

Thank you for the advice. I will set up a consult.

4

I wish you the best.