Turning temporary custody into permanent

North Carolina Divorce Law Divorce and Separation Answers
1

You can set permanent custody on the calendar at any time. It is impossible for me to assess your odds for getting more custody without meeting with you personally and reviewing your case. However, the fact that it is going well, will help your argument for more time.

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Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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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.

2

A question along this similiar topic. If there is a permanent order in place (joint legal) mom has primary; father has 10 overnights a month; order was placed this past spring.
If father filed a motion for “more time/overnights” (change of circumstance would be job in N.C. - he currently travels out of state to work); can he just ask? Does he have to show reason for more time or make claim against mother - which we see as a “he said,she said”? The children have really struggled during seperation and divorce and this is another change for them should it come to that.
Mother is a stay at home mom of 2 small children.

Thanks

3

Hi,

  My question is as follows: My ex and I went to court and have a temporary custody order in place. At the hearing I recieved Joint legal and 120 overnights. It's been 4 months since the hearing and things are going well with the kids, I have been an involved father with school, medical etc...

She was the plaintiff in the case. At what point should I motion the court to make it permanent?? and what are my chances of getting more overnights with the children using the argument that things are going well in the temporary situation?

Neil Kravis