Forms and law

North Carolina Divorce Law Divorce and Separation Answers
1

A motion to modify custody is the same as a motion to modify visitation, when the issue goes back before the court the judge will decide if there has a substantial change in circumstances and if they decide there has been a substantial change, they will make an appropriate modification in custody.

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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.

2

I had a custody battle in march, i lost the only evidence brought was they had more money then me and my daughter was failing in school. Problem is she is failing because she has a learning disability and needed meds. she also has adhd. In court, my x her dad, is military and we asked if he had orders to go anywhere…and asked about japan. he said no, we also asked if he had custody when would he expect to see my daughter, he said during the week he’d have her and then one weekend every three months,quarterly. we had a mediation date to determine visitation, he never showed up three days later his lawyer took visitation to the same judge of custody and she signed his visitation. Three days after court I found out on my own he had orders to japan. Two days later he admits he has orders to Japan. Now currently he is taking me back to court to modify visitation…so I want to counterclaim and modify custody…can I do that and how…I can’t afford another attorney and no one here is probono…I took out a loan through family the first time five thousand and i am still paying that back. My daughter is nine, she has always been with me and the most time away from me is two weeks. Siunce the switch she has had (switched in march) she has had 17 bad days at school, become violent with dad. that being said what can I do? She doesn’t want to be there nor go to japan for three years, she doesn’t have cearance to go to japan either.

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