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
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