New Bern, NC asked in Child Custody for North Carolina

Q: Can I take a custody case back for modifications to the order

My ex husband and I have split custody however he does not obtain his part of the order he does not get them when he is supposed to he is now also incarcerated and is being charged with 6 felony he is a danger to my children. My 5 year old son came home and told me step-by-step about his father and uncle stilling a gun while they were with him that weekend.

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1 Lawyer Answer
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
  • Divorce Lawyer
  • Greensboro, NC
  • Licensed in North Carolina

A: Yes, there appear to be numerous reasons why you would want to file a motion to modify the existing order. To successfully do so, you have to be able to show that since the last order, there has been a substantial change in circumstances that affects the child's welfare since the entry of the last order, and that a modification of the custody order is in the best interest of the child. From what you've told me, you should be able to prove both.

File a motion of modify ASAP, and speak to a local family law attorney for help if necessary.

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