Notificaiton Rules for Response - Motion to Modify Custody


#1

Rosen and Associates,
I have a court order for the last four years that states minor children must remain in the current NC home of record. Ex-spouse has primary custody and has unsuccessfully attempted twice to move the children; in which the court ruled that a move is not in the best interest of the minor children. Ex-spouse has submitted a third Motion to Modify and I responded to the motion in writing within 10 days.
Questions: By NC law do I have to provide the Plaintiff with a copy of my response?
Also, is there a way to prevent multiple court hearings for the same repeated Motions?
Sincerely,
Dad of the Year


#2

Anything you file with the court must be served on the opposing party so yes, you must send a copy to your ex-spouse.

There is no way to prevent multiple court hearings. A motion to modify can be filed at any time a party alleges facts that give rise to a substantial change in circumstances. A judge may realize that there have been many motions filed for the same issue in the same court file.