We already have a permanent agreement, which I’m sure (I &) my granddaughter got screwed over on because my lawyer seemed to have gotten paid off by someone all of a sudden with his whole personality change that day. But its been. 2 years and now she is 11 and has always wanted to be back in her home with us where she grew up at and her mom wants the same for her (mom lives in different county) we all want what’s best for her except her “Father” hes unfortunately more about himself and the control in the situation. But my question is since we are part of the custody agreement n get visitation and everything like that. What steps do u need to take to get this back in court for a modification and can we possibly open the case in our county and steps do we need to take to do so… $$ no option this time around
Since you already have a permanent custody order, then you can file a motion to modify that custody order if there has been a substantial change in circumstances affecting the wellbeing of the minor child since the entry of the current order.
If you can meet and prove this standard, then you can also file a motion to change venue and cite good cause reasons as to why venue (the county in which the action is heard and maintained) should be moved.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
What are good solid reasons we can argue, so we can try and get this case heard in another county?
Reasons to change venue would be if all parties no longer live in the current county, if the minor child no longer lives in the current county, if none of the parties or child live in the current county, or another compelling reason that is specific to the facts in your case.
A case that is currently pending will likely not be granted a change in venue unless the defendant contests the venue immediately after he or she is served with the complaint.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Can we change venue to our county instead of where she lives with the father. None of us live in Randolph county any more.
Yes, you can file a motion and make your argument as to why venue should be changed to your county of residence. The judge will determine whether to grant your motion and transfer the case to the other county or to deny your motion and keep the case in the current county.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Can I file an emergency ex-parte for custody in my county for my granddaughter and file to change venue, because apparently On may 29th 2021 his truck broke down with him my granddaughter and her half brother in the middle of the rd in a very high traffic area well it was hot and became angry and started fussing and stuff because traffic was backing up and people blowing the horn got him mad… But he grabs his hand gun from between the seat n console and said “I am Abt to start shooting at cars n people and turned to look at my granddaughter and said " And if you keep looking at me that way I’ll shoot you to” he must of scared her and she looked at him funny… But that’s totally not right. I mean just grabbing a gun when that angry is irresponsible… I went to dv they did a 50b order thing but that was dissmed because apparently thats not what I needed, n the his tried saying I coached her omg that made me the maddest in court.
Those are my 11 ur old granddaughters words not mind or no one elses… I still have her but she’s scared and don’t understand why no one will listen to her and believe her.
You can file for ex parte emergency custody if (1) there is a substantial risk of bodily injury or sexual abuse or (2) if there is a substantial risk that the child may be abducted or removed from the State of NC for the purpose of evading the jurisdiction of the NC courts.
The events that you described are not likely to fall under either of these prongs to qualify for emergency custody. It will also be very difficult to prove an emergency basis for something that happened nearly two months prior.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
I have had her in my custody since then
I finally have custody of my granddaughter Thank you very much
I am glad to hear you were successful in your case!
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
What does it mean when they call your case inactive during calling out names in family court
Likely that means that even though the case is on the calendar, it has been resolved or there are no pending issues. You will need to check with the clerk’s office to find out exactly what they mean.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.