Custody Modification Legal Steps

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Summary

In North Carolina, custody modifications consider material changes in circumstances and the childs best interest. If the child has lived in California for over six months, it is considered their home state. Moving a child without consent can complicate the case. Respond to motions within the specified time frame and consult a lawyer for guidance. If served less than 10 days before a hearing, you can request a continuance. Legal fees for custody modifications can vary, often ranging from $100 to $500 per hour, potentially totaling around $6000.

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Child has been living in California with father for the last 4 years
I understand your situation. In California, if the child has lived there for at least 6 months, it's considered the child's home state. Here are some points to consider:
- You may request the case to be transferred to California.
- Child's best interest is always prioritized.

It's best to consult with a local attorney to understand your options.
I picked up my child and brought her to North Carolina for * weeks but I decided to keep her
I see. In your situation, it's critical to understand that irrespective of the state, the law prioritizes the child's best interest. If you've moved without the court's or the other parent's consent, it could complicate your case. It's advisable to seek legal counsel.
But I’m primary
As a primary custodian, your actions could still be considered as parental kidnapping under the law, especially if there's an existing court order. It's highly advised to return the child and consult a lawyer to address the custody modification.
So even if I’m primary I’m not allowed to keep my child ?
As a primary custodian, you have certain rights but they must be exercised within the law. If there's a court order in place, moving the child without consent can lead to legal complications. It's best to consult a lawyer for advice.
But orders can effect that
Yes, court orders can indeed affect your situation. Could you please clarify what specific orders are in place currently regarding custody and visitation? This will help me provide more accurate information.
Im primary and the father is secondary but court orders have been outdated since child was living in California with father while I was in North Carolina
Given that the court orders are outdated, have there been any recent legal actions or discussions about updating the custody arrangement? This could greatly influence the course of action you should take.
Father filed motion to modify court orders
I see. Since a motion to modify the court orders has been filed, it's important to respond appropriately. Here are some points to consider:
- You should respond to the motion within the time frame specified by the court.
- You can contest the modification if you disagree.
- Consult a lawyer for advice and representation.
Will I end up losing my child for the decision that I made to keep her and not send her back
The decision to not return your child could potentially influence the court's decision on custody modification. It's important to seek legal advice immediately to understand possible outcomes based on your actions.
Would the jurisdiction move to California even tho court orders are in North Carolina
The jurisdiction could potentially be transferred to California if it is the child's 'home state'. However, since the modification was filed in North Carolina, the process may be complex. You must consult with a lawyer to discuss jurisdictional issues.
I even enrolled her in school would that help
Enrolling your child in school in North Carolina could be seen as establishing a routine for them. However, this might not be enough to change the jurisdiction from California. A lawyer can provide more specific advice based on your circumstances.
If it does get Change does the child go back to California
If the court orders are modified and the jurisdiction is moved to California, it's possible that the court may order the child to return there. However, this would depend on various factors, such as the child's best interests. It's critical to consult a lawyer.
Do I need to get serve 10 days before the hearing ?
In North Carolina, the law requires that you are served at least 10 days before a court hearing. If you were served less than 10 days before, you may be able to request a continuance. Consult a lawyer for specific advice.
What if it is before 10 days
If you were served less than 10 days before the hearing, you have the right to request a continuance or postponement. However, it's crucial to consult a lawyer to guide you through the process and ensure that your rights are protected.
What if it’s 8 days
If you've only been given 8 days' notice, you can still request a continuance in North Carolina. Have you already contacted a lawyer to assist you with this matter?
What if I don’t attend and the father does
If you don't attend the hearing and the father does, the court may make decisions without your input. This could potentially result in unfavorable outcomes for you. It's crucial to attend all court hearings related to your case.
Was it a mistake to keep the child with out the consent of the father
If you kept the child without the father's consent or a court's order, it could potentially be viewed as a mistake by the court, especially if there's an existing custody order. It's highly recommended to consult with a lawyer to understand possible ramifications.
So what’s my child’s home state ?
Based on the information provided, your child's home state would be California, as that is where they have lived for the last 4 years. This is under the premise of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which defines a child's home state as the state where they have lived with a parent for six consecutive months prior to the commencement of the proceeding. However, please consult with a local attorney for detailed advice.
If I get serve don’t have 30 days to respond
In North Carolina, the court generally requires that you respond within 30 days of being served. However, you mentioned a hearing in less than 10 days. Please clarify, have you already been served and when is your hearing scheduled?
Hearing is on the * of this month
Given that your hearing is scheduled for the 21st of this month, when exactly were you served with the motion for modification? This will determine the amount of time you have to respond.
Saturday
It's crucial to calculate the exact number of days between when you were served and the hearing date. Based on today's date and your hearing date, how many days notice were you given?
9 days
If you've only been given 9 days' notice, you can request a continuance. However, it's crucial to consult with a lawyer to guide you through this process. Have you sought legal representation yet?
Can they still have a hearing even if I request continuance
Yes, the court can proceed with the hearing even if you request a continuance. The decision is ultimately up to the judge. It is essential to consult with a lawyer to ensure your rights are protected.
But I thought it’s my right to post pone it
While you have the right to request a continuance, it's not guaranteed that the court will grant it. The decision is at the discretion of the judge. Have you spoken to a lawyer about this matter yet?
Do I have to pay my attorney to challenge the modification?
Yes, typically, you would need to pay your attorney to challenge a custody modification. The cost can vary depending on various factors such as the complexity of the case, the attorney's experience, and the region. Have you discussed fees with your attorney?
What’s the average
Could you please specify what you're asking the average of? Is it the average cost of legal fees for a child custody modification case?
Cost of attorney
The cost of an attorney can vary greatly depending on various factors such as the complexity of the case, geographical location, and the attorney's experience. Generally, it can range from $* to $* per hour. It is highly recommended to discuss fees with potential attorneys before hiring.
Can it cost *
Yes, it's possible for a child custody modification case to cost around $* or even more when considering factors such as attorney fees, court costs, and other expenses. Please discuss this with your attorney for a more accurate estimate.