Modification of Custody / Contempt

Hi there! My husband has 2 children from his ex wife. In 2013 they went to court for a custody agreement and that resulted to every other weekend, friday 9am-5pm and sunday 9am-5pm. For over 3 years now, ex wife has allowed him to just keep the children over night so we do every other weekend, friday 5pm-sunday 5pm. Here lately she has been on her usual rampages and decided she isnt going to let my husband pick them up, not even when the court papers say he is supposed to have them. I know she is in contempt of a court order, but the local officers just say “go to the magistrates and file” and the magistrates told us that they do not to custody contempt orders. Going on 4 weeks of not seeing his children. What can we do?? We want to go to court to modify the custody to the friday5pm-sun5pm and also make sure the judge knows how shes been violating these orders since they were placed. We dont have $3000 to drop on a lawyer.

Your husband will need to file 2 motions: (1) a motion to modify the child custody order based on a showing of a substantial change in circumstances affecting the wellbeing of the minor children, and (2) a contempt motion: called a motion and order to appear and show cause.

You file both of these motions at the clerk’s office. Some clerk’s offices in some counties have forms to fill out for the motion/order to appear and show cause.

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.