Swansboro, NC asked in Family Law and Child Custody for North Carolina

Q: My daughter's father sent me a text message conceding his visitation time. Does filing modification require court date?

He had not seen her for 4 months prior to this text message, and has seen her three time since. He has brought us all her belongings from his home. I have not heard form his attorney after asking several times, and the attorney that previously represented me is waiting for the other party to act. I am ready to file myself, just need to know if I need to schedule a court date with the order to modify custody. He no longer lives in the county where all the proceedings have taken place, I have not lived there for over 2 years.

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2 Lawyer Answers
Amanda Bowden Johnson
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Answered
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: You need to go back to your attorney - you have no idea what you are doing.

Adam Bull
Adam Bull
Answered
  • Divorce Lawyer
  • Asheville, NC
  • Licensed in North Carolina

A: No, it diesnt but they may assign one anyways. You need to file a motion to modify but you can follow it up with a consent order signed by both parties and notarized, setting out the terms, for the judge to sign which will avoid the necessity of a hearing.

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