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Often we find people need assistance with modifying custody orders that were previously entered to create a better living environment for themselves and their children.
Modifying a custody order in North Carolina is not as simple as just asking a judge to change it.
Consult an attorney for specific advice on your situation.
You or your spouse must file a Complaint with the court asking for a divorce.
In my last post, Ex Parte DVPOs, I promised more on ex parte DVPOs. The statute states that personal relationship means that the parties: (1) Are current or former spouses; (2) Are persons of opposite sex who live together or have lived together; (3) Are related as parents and children, including others acting in loco parentis to a minor child, or as grandparents and grandchildren – except no order of protection against a child or grandchild under the age of 16; (4) Have a child in common; (5) Are current or former household members; (6) Are persons of the opposite sex who are or have been in a dating relationship. But Kevin continued to attempt to contact Caroline through phone calls, voicemails and text messages.
But the Court of Appeals issued an important decision this week on another aspect of Chapter 50B – the definition of ‘dating relationship’ – so I’ll come back to ex parte orders later. In June, 2014, Caroline filed a 50B proceeding and the trial court entered a DVPO after concluding Caroline and Kevin had been in a dating relationship and that Kevin’s conduct throughout May and June “placed plaintiff in fear of continued harassment that rises to such a level as to inflict substantial emotional distress.” Kevin appealed, arguing that he and Caroline did not have a personal relationship.
North Carolina law does not always assume that one parent moving is a substantial change of circumstances that will justify a change in custody.
However, it isn't black-and-white in this area—there is no specified amount of contact indicated in the law that would cause the one-year separation to start over.Wisconsin child custody attorneys answer frequently asked questions about child custody laws in Wisconsin and how custody is decided.In Wisconsin, custody refers to decision-making authority, and it is most common for custody to be held jointly between the parents.The Complaint is the starting point of the divorce process.You must be separated for at least a year before you file on the grounds of one year's separation.
Placement means the right of a parent to have the child physically placed with that party and has the right and responsibility to make, during that placement, routine daily decisions regarding the child’s care, consistent with major decisions made under the custody designation.