My ex-wife is trying to modify custody, she is trying to get permanent custody from me and she has been found unfit, my question is can another judge overturn a different judges ruling in NC?
No. The only way to modify a child custody order is if a substantial change in circumstances affecting the wellbeing of the child has occurred. So your custody order could be modified only if your ex-wife can show that a substantial change in circumstances affecting the wellbeing of the child has occurred.
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.
How difficult is it to modify custody and how long does it take to get a case heard for custody? I gave up custody of my children during the divorce because at the time I was in the Army and knew it would be hard on the kids to have a father who was a single officer in the US Army. I am remarried and no longer in the Army. Now that my kids are a bit older they have expressed that they want to come live with me.
Custody can be modified when there is a substantial change in circumstances affecting the wellbeing of the children. The situation as you describe might be enough to prove a substantial change in circumstances.
To do so, you would have to file a motion in the cause to modify custody. This motion is filed under the file number of the original custody award. Then the mother must be served with the motion and she then has 30 days to respond. You can then schedule it for a court date and/or attend custody mediation. If there is no agreement between the parents, then it could take weeks or months for a hearing in front of a judge to take place depending on your county.
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.