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#1

File a motion with the court to modify the custody arrangement based on the change in circumstances and while you are at it have the overnight guest provision modified to include both parents.

Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Rosen.com
(919)787-6668

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.


#2

Thanks for the response; One last question.

Do I pick her up tomorrow as if she is with me now? It is his day tomorrow thru Thursday but not sure how to handle this.


#3

Dear mbn:

Greetings. No, you must follow through on the schedule you currently have until the court changes it. 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

10925 David Taylor Drive, Suite 100
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

ROSEN.COM

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.


#4

I’ll try and make this short.

Ex has primary custody but I have more nights than ususal and so we fill out the joint custody worksheet. We have a 12 & 9 year old.

In the past 2 or so years my daughter and her father fight ALL the time. He is always telling her she is lying and she will be a liar all her life. He told her this week that marrying me was the biggest mistake of his life and so now my daughter says that she and her brother are mistakes. He also told my 12 year old that I had an affair with the man I still see today, and yes that is true. But I could not believe he would tell a child something like that.

Last night we 3 got together to try and resolve our issues but of course it ended in a huge fight and he told her to go live with your mother and he would see us in court. So, she packed her stuff and is now with me.

So, now that I have my daughter with me what do I need to do to keep her?

He has his girlfriend spend the night when my kids are there and we tried to tell him last night they DON’T like it and please stop. He said he would not stop.

Is there anything I can do about that? It’s in the papers that I can not have overnights with a male when they are in my house but it doesn’t say that for him.

What are my chances of keeping her but yet to still see my son on the regular scheduled night?

What do I do here? My daughter is asking to stay with me but I don’t want to get in trouble if he decides that Im breaking the court papers and have me arrested or something like that. He is very capable and will call the police.