Motion to Show Cause

North Carolina Divorce Law Divorce and Separation Answers
1

A judge will not, typically, change custody without a motion being filed requesting a change in custody. The show cause motion will likely only result in contempt not a change in custody.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
Rosen.com
(919)787-6668

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.

2

In visitation cases, if the mother (custodial parent) fails continuously to comply with a court order for visitation, what are the outcomes of a motion to show cause? Can a judge request change of custody from this?

Our case:
Mother has failed to comply with the order twice already. Next visitation is for Christmas, which we don’t think she will comply with either. She is now if GA and we are still in NC - 4 hour drive for halfway each way. Our lawyer is wanting to charge $1000.00 for a modification of custody. That’s pretty steep for us right now and want to know if the same results can be achieved through a motion to show cause?

Please advise.