Explain modification of custody?


Dear mal:

Greetings. Let’s see what I can do here:

  1. You set the mediation after you file the motion to modify. In Wake County, you have to fill out documents in the case coordinator’s office.

  2. He does not have a choice if the court does not waive it.

  3. Yes.

Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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 but a full discussion with an attorney should be undertaken before taking any action.


Can someone explain the whole process to me? I know that there has to be “changed circumstances” and I know that we probably need a lawyer involved at some point but:

  1. how do you arrange for mediation if you can’t agree on changes in custody?
  2. what if the ex won’t go to mediation?
  3. are there forms (numbers please) that need to be filed?