Modifying visitation

North Carolina Divorce Law Divorce and Separation Answers
1

My ex has 35% visitation. He has stated he is depressed and has been unemployed for almost a year and not collecting unemployment. My questions are can I have his visitation modified to where he has less time with our child due to the fact he has admitted being depressed? My other question he was not ordered to pay child support since he in unemployed and in our orders it states once he has job he has to let me know and then start paying support. Can i have that modified as well?

My concern with him being depressed our child is 2 and i am not comfortable with his frame of mind being around our child and the fact he has a gun as well in his home.

If these are things that i can do can i access the forms on the NC courts website? I don’t see how he can take care of our child since he has no income and he is depressed.

Thank you!

2

Depression would not be a reason to modify custody unless it is extreme enough to rise to a level where the children are not properly cared for while in their father’s custody. The gun however, is a concern, and you may wish to file a motion with the court seeking and order requiring your ex to remove the gun from the home.

If he is still unemployed there is no basis to modify support.