Timeline of events

Depending on the county you will be bringing this action in, it could take several months for you to have hearing. In order to change custody you will need to prove to the court that there has been a substantial change in circumstances and that change has had an impact on the minor children. If your son wants to live with you, I would explore his living situation and see if there has been a significant change which would justify the court making a change in custody.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax


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My youngest son (11yrs) has expressed a strong interest in living with me in Oklahoma (he and his 15yr old brother currently reside in NC with their mom). I told him I would talk to his mom about it. Unfortunately I’m fairly certain she won’t agree to the idea of him living with me. If that is in fact the case and my youngest son truly wants to live me, I have no problem taking my ex-wife back to court in hopes of allowing my son the chance to live with me and my wife. He wants to move in right away (which obviously I have no problem with) but if I have to take his mom to court, how long can expect to have to wait before I receive a court date?