Substancial Change in Circumstance


#1

Several months into a custody agreement and my children are already dissatisfied with the amount of time we currently have together. My oldest 12 is depressed and has verbally expressed her discontent with the lack of time we have together. She wants equal time with each parent and is more than willing to have that conversation with a judge to state her opinion.
Would I be successful 3 months into the consent order to file for a “change in circumstance” to modify the order on custody time?


#2

You will likely not have enough to file for a modification of a custody order unless the other parent agrees to a modification. This is due to the short time period the order has been in place, the order was entered by consent, and a substantial change of circumstances has likely not occurred. You can modify a court order any time there has been a substantial change in circumstances affecting the wellbeing of the children.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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