If a court order is already in place then your fiance would have to prove that there had been a substantial change in circumstances affecting the well being of the minor child. If he was able to prove that, the court can order a modification of custody and could give him more time.

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


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.

My fiance and his ex have a court order for visitation and child support, two weekends a month and $639. They have aggreed on my fiance getting the child one week and one weekend a month, but he is still paying same child support. My fiance wants to go to split custody, where the child is a week with his ex and a week with him and refigure the numbers for child support. Although there is already a court order and my fiance tries to work things out with his ex and she does not agree with the split custody, if my fiance takes her to court for split, will the judge look at the previous arrangements and base his decision on the current circumstances, or would his decision be based on the court order or could this change not happen? My fiance only wants what is best for his son and to spend more time with him and gain that bond a father and son should have. Thanks.