Motion Question


Dear harter:

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.


I have Primary Physical Custody of My little girl. Her Mother which was my girlfreind but never wife, never returned her on her visitation for a weekend almost 3 weeks ago. I haven’t saw my baby for that amount of time. My lawyer said that her lawyer has filed a motion to show cause, where she is claiming my work schedule doesn’t allow me enough time to care for the young child. My work schedule has been 54 hours a week 6 days a week, for the last 2 years, She Voluntarily signed the papers to allow me to have Full Physical custody, and for her to have visitation every other weekend. She’s in Violation of our court order because she never brought the child back. My lawyer is telling me that he’ll begin to file a response to the motion and file contempt proceedings against her in the same court apperence. All of that to my Questions. At this time Doesn’t she have to “prove beyond a reasonable doubt” that I am UNFIT to Yank my custody from me. and what are the chances that the Judge will Overturn the Court Order already in effect. Can this be done at a normal court or does that have’ to be heard in an appeals court with a board of judges.? What are my chances on retaining custody is really what I’m looking for. My lawyer is kinda hard to read as a person and he’s not one to give me a chances %. I just need to know what I need to look forward to. Thanks you . This Message Board is great. I check it Every Night. Thanks Again.