I am working on a Motion to Modify my custody agreement and really need help with how to word the change of circumstances. There have been many significant changes in the last year including my ex being in contempt for most of the year. I guess my question is, how formal do I need to be? How much detail is too much detail? I will be supplying copies of text messages and things of that nature but will that be enough?
You don’t have to be as detailed in your written motion, but you should give enough information to support a substantial change in circumstances affecting the wellbeing of the minor children. You can include copies of text messages as exhibits in your motion.
When your motion is heard on the court date, you will then want to make sure you have all of your detailed information, exhibits, testimony, etc. to fully prove the substantial change in circumstances.
If the other parent has willfully violated the court order, you may also want to file a contempt motion (or motion for order to appear and show cause) along with your motion to modify.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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