Modification of Custody Question

Do you know what the average wait time on a modification of custody case to be heard in court is right now in Cumberland County? I filed the motion in February 2022.

I do not practice in Cumberland County so I am unfamiliar with their local rules for calendaring.

Generally, however, if you filed the motion and it has been properly served on the other side, then it is ready to set for trial. This is where you’ll need to check with the clerk’s office or family court office about calendaring matters for hearing/trial. For example, some counties have specific forms you must file along with a notice of hearing. All counties will require at least a notice of hearing.

You’ll need to ask the clerk’s office for the available dates for such child custody modification hearing/trial. Courts are backlogged. In Wake County for example, we are calendaring hearings and trials for 6+ months out.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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