Move Away Evdience

North Carolina Divorce Law Divorce and Separation Answers
1

I am trying to figure out what evidence I can bring to court when asking the judge to move out of state.

I plan to submit my evidence to my attorney but I would like to know if these items will help him build a case.

Can I bring in a journal of evidence, missed and canceled visitation calender, test scores for new school, pictures of child and family member and emails?
I do not want to have to much information for the judge yet I want to give her a clear picture of the events that have taken place since we’ve had 3 different judges and different attorneys.
How long does a red calender hearing usually last? We are trying to set a date for modification for permanent custody and my request to move out of state.

Also, will I need to give my ex written notice by certified mail of my intent to move? I have sent him an email, my attorney has filed a motion for permanent custody hearing in red calendar and sent notification to his attorney? If a case is granted a stay due to deployment, does the court reschedule the date or does the court automatically reschedule? I have switched attorneys between all this so I want to make sure my previous attorney did all the necessary steps.

2

“Red Calendar” means the case is set peremptorily and will not be moved or continued. Hearings vary in length of time. Some counties will give you a fixed amount of time, and others will hear it for as long as is necessary. A request to set a permanent custody hearing (as opposed to the actual custody hearing) and your request to move out of state, shouldn’t require a full-day. A permanent hearing often does. You should bring with you all evidence which will strengthen your case. Since you are the plaintiff, the burden of proof is on you. I cannot say for sure about your certified mail issue. That is up to you if you want to take the extra step of sending him a certified letter.