Modification of Consent Agreement


#1

Earlier this spring, I entered into a Consent Agreement with Bio Dad. I am Grandmother. This Agreement gave us joint custody - 7 days each and no child support. At the time of the settlement, I was deeply distressed, and thought that we were just memorializing what the judge was going to order. Two days after the Consent Agreement was signed, I called my attorney and told her that I wanted to withdraw my consent to the agreement. There are two children involved - neither have ever been away from me for more than 3/4 days at a time. Oldest child seems to be ok - wants to be with everyone. Youngest child - who is special needs - is trying to be ok, but is really sad and has had some real problems with this arrangement.

What can I do to change this whole mess? The judge did not read the agreement outloud. What I want is at least 51% custody, a modification of child support. Or would the better way be to have the consent agreement set aside? My attorney urged me to let the kids go and then see what happens. The problem with the kids is that they say it is ok to go, but their behavior tells a different story.

I really need to know which way to go. We are in NC.


#2

In order to change a court order, there must be a substantial change in circumstances affecting the well being of the children. Normally a child’s adjustment to a new situation is not considered a change in circumstances, especially since you entered into the agreement only a few months age.