Modification or Not

My husband and I are unsure if a modification is needed to have his son picked up or dropped off at daycare/school by anyone else other than himself during his custodial time. There was a permanent custody order placed prior to us getting married in December and the order only has Plantiff and Defendant. My husband is the Plantiff if that matters. Is being married now and simply asking for his mother or wife to pick up or drop off child a reason to modify a custody order? Wake County please

This is not enough to modify a custody order.

However, unless the custody order specifically prohibits him from using third parties to provide transportation for the child or specifically prohibits anyone but a party to that case from daycare/school dropoff/pickup, then he would be permitted to utilize third parties as his representative to provide transportation, dropoff/pickups, etc.

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.

1 Like

Thank you so much. I appreciate you for taking the time to reply. We were thinking she would have a case to file a contempt if we tried that.