Modification in visitation

North Carolina Divorce Law Divorce and Separation Answers
1

It sounds like you are saying that they filed a consent order with the court. If that is the case your fiance would have to prove that there “had been a substantial change in circumstances affecting the health of well being of the minor child.” If he could prove that, then the court would likely make a modification giving him more time with his son. However, no matter what the arrangement, unless his mother is abusive, a judge will try to make both parents a significant part of the child’s life.

The evidence you would use in court is doctor’s records documenting that the child is underweight. Evidence you have about the care his son receives with his mother. The efforts and ability both of you have to address this problem.

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

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

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.

2

Currently, my fiance has visiation every other weekend and two weeks in the summer. This was decided by an agreement but never went to court, just signed the papers, but they are filed at the court house. He wants more visitation due to the fact that it would be in the best interest of his son because he is severely under weight for his age 18 months old (22 pounds and when he is with us he eats like he does not get fed and his ex says she has a hard time getting him to eat or he does not eat will for her), he is in the care of another individual for long periods of time (10 plus hours each day and not including the time he is with his aunt and not the mother after day care), he has problems with is teeth (only has four), and his ex is not financially stable (what she makes and child support is less than all of her bills). My finace is a teacher and more readily available to his son and his care and financially stable, would he have a good chance at getting more visitation or possibly sole custody with her having visitation? Do they often over turn custody from the mother to the father is enough evidence is shown that it would be in the best interest of the child? I would really appreciate any advice.