Greetings. First, your attorney may want to file an action for emergency custody in addition to a motion to show cause. A motion to show cause does not change the custodial arrangment - a motion to modify custody does. A motion to show cause asks the court to hold someone in contempt for failing to follow a court order.
Now in a custody action, not a motion to show cause, she would not have to prove that you were unfit, but she could ask the court to do a different custodial arrangement which would be in the “best interests of the minor child.” She would also have to prove that there has been a substantial change of circumstances from the date of entry of the last order.
The action you are currently involved in happens in District Court and not in front of a panel of judges. I hope that answers your questions. Thank you.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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 but a full discussion with an attorney should be undertaken before taking any action.