First off, let me just tell you a little bit about what’s going on. I am currently in a 50-50 custody agreement with a 5522 schedule. We have been in this custody agreement for five years. My ex has filed a motion to modify custody requesting that he gets them full-time during school years and we alternate weeks in the summer. However, I have had them every single day. I picked them up from school every single day even on his days and I watch them until he gets off work to pick them up when they’re not in school he drops him off with me on his days and I watch him about the entire day until he gets off work and it’s been like that since our original permanent custody agreement was put in five years ago, I’ve took them to every doctors appointment specialist appointment by myself. I go to every school event I even volunteer at the school. I take them to all their practices. I coach their teams And it just comes down to. He ended up moving 30 minutes away from where they go to school and now he is trying to have them move to where he is at because it’s more convenient for him and his girlfriend to pick them up there and trying to say that it would be more beneficial to the children if they stayed with him and didn’t go back-and-forth from more structural and stability even though I’m the one that’s done all of it and can provide documentation of all. What document or form do I need to fill out and how do I go about filing it to request all the evidence that they have on me before we go to trial. We just did custody mediation yesterday and cannot come to an agreement and so now we’re waiting for a calendar court date, but I’m just trying to find out my options of what I can do to prepare myself for this case when it goes to trial and as far as how I can get the evidence that they have against me and how do I go about entering evidence that I have to support my case against him into evidence is there a specific form you have to fill out to request evidence to be put in unfortunately, I cannot afford to retain an attorney and I paid $200 to have a consultation with one and they only answered certain questions but now my court date is coming up and I am trying to make sure that I cross my ts and dot my Is and I get all the proper stuff turned filed on time because I have had issues with them serving me at the wrong address and not finding out till last minute, so I’m trying to stay ahead of the game to show that I am doing the best I can trying to represent myself
Both my children have requested they have the chance to stand up for themselves and how they feel about everything and to let there voice be hurd so is there a form you have to file in order to request the child be able to speak with the judge or in court
You will need to be prepared to admit all of your evidence and testimony at the trial date.
You can also file a reply to his motion to modify custody denying and refuting his allegations.
You can ask for whatever evidence he may have against you, or, if you serve him with formal discovery (interrogatories (written questions and answers), requests for production of documents), he will be required to turn over all evidence you have against him.
You could also take his deposition (verbal questions and answers under oath and which are recorded) to gain more insight and information about his arguments.
You will need to follow the rules of evidence to admit documents into evidence at trial. These are complex rules and there is no form for them.
Generally judges do not like when children testify in court. The older the children, the more likely it is for that child to testify, which is generally older teenagers. A judge can listen to a teenager’s preference on living arrangements and their explanation for why, but a judge is not bound by the teenager’s preference.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I’m in North Carolina, so would I have to subpoena my child since she is wanting to speak with a judge or is there a certain way I have to request that in writing? How request the court speak with my child at there request I assume I can’t just show up on my court date with them there and say they need to testify and it would only be my 10-year-old daughter who is wanting to testify, and her testimony is valid and can prove consistency from household to household because of his allegations about one structure sensibility with school days she can verify the school routine where she is physically with both of us during the school week. We have a 5522 schedule but I still keep them everyday and pick them up from school everyday even on his days and he gets them after he gets off work and when they don’t have school on his days I also provide the child care he will drop them off at 7:30am and then pick them up when he gets off. However I’m the only one who gets the home work complete and assignments done and the majority of his modification request is to keep them during the school days so they don’t have to go house from house and only give them to me every other weekend because he just moved out of the school district and it’s a 30-minute drive one way to their school he wants to transfer them to the school where his girlfriend works and his stepdaughter goes to make it more convenient and I’m trying to fight to keep them in the school that they are thriving in with the parent that consistently hands on with their academics. We just transferred them to this elementary school two years ago because it is the top elementary school in our county and now he is wanting to move them for convenience
Generally you do not need to file anything in advance if you want your child to testify. Your child will need to be with you on the trial date and you will call your child as a witness or ask that the judge take testimony in the judge’s chambers instead of in the courtroom.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.