Modify Child Custody Orders

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Summary

Its generally not too late to modify custody orders. In California, you can file a Request for Order (Form FL-300) and serve the other parent. If the child is in immediate danger, you can file for Emergency Child Custody. In North Carolina, you can file a Motion to Modify Custody. Both states prioritize the childs best interests, including stability, school, and parental involvement. If the child has been living in California for over six months, California may have jurisdiction. The judge will not decide before the other parent is served. You can request a temporary emergency order in California. Consult a local attorney for personalized advice.

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I live in California and child has been living with me for 4 years and I’m secondary on joint contody in costudy order in North Carolina
Given your situation, below are the general steps for modifying a child custody order in California:
- File a Request for Order (Form FL-*).
- Serve the other parent.
- Attend the court hearing.
Please consult a local attorney for personalized advice.
Mother lives in North Carolina child went to visit mother and never returned her
It’s important to act quickly. You can file for Emergency Child Custody in California if the child is in immediate danger. If not, you can request a modification in the custody order based on changed circumstances. Please consult a lawyer for detailed advice.
If I would want to modify will the look at previous years that the mother wasn’t involved
In a custody modification case, a California court will consider the child's best interests, which may include the mother's past involvement or lack thereof. However, each case is unique. A local attorney can provide personalized advice.
But it’s taking place in North Carolina since the child is there
In North Carolina, you can also request a modification in the custody order. The steps include:
- File a Motion to Modify Custody.
- Serve the other parent.
- Attend the court hearing.
North Carolina also considers the child's best interests. Consult a local lawyer for advice.
Is it in my favor if the child’s home state is California
Yes, if the child has been residing in California for more than six months, California may have jurisdiction over the custody case under the Uniform Child Custody Jurisdiction and Enforcement Act. But, the specifics depend on many factors. Consult a legal expert for advice.
So it’s not to late to modify it even if the mom has her right now
No, it's not too late to modify the custody order even if the mother has the child right now. The most crucial factor is the child's best interest. Engaging a legal expert will ensure you navigate this process properly.
Will the judge decide before the parent gets serve
No, the judge typically won't make a decision before the other parent is served. The serving process ensures that the parent has a chance to respond to the motion to modify custody. However, each case is unique. Seek advice from a local attorney.
Do I get temporary custody for now if it gets sent to California
In California, you can request a temporary emergency order when you file for modification of custody. This order may grant you temporary custody until the final hearing. However, the specifics depend on the judge's discretion and the child's best interests. It's advisable to consult a lawyer.
Will the judge go my favor if the child has been living in California for 4 years , has been going to school since tk in California and has a lot of family friends and after school activities
The judge will consider the child's best interests, which includes the child's stability, school, and social life. However, the decision depends on numerous factors. It's advisable to consult a local attorney for personalized advice.
Mothers hasn’t been involve in child’s life and in her school
It seems this could potentially affect the custody decision. How long has the mother been uninvolved in the child's life and school? This information could be significant in your case.
For four years child has been in California since she was 3 years old she’s almost *
The court will consider the child's best interest, including the mother's lack of involvement. However, it's crucial to consult a lawyer for personalized advice as each case varies. Legal representation could significantly help your case.
Isn’t that the child’s best interest in your opinion
Yes, the child's best interest is the court's primary concern. This often includes stability, proximity to school and friends, and parental involvement. But as a legal information provider, I can't offer personal opinions. It's best to consult with a local attorney for personalized advice.
Ok so I’m in California and I get a attorney in North Carolina now what happens
Getting a North Carolina attorney is a good step. They can guide you through the process, which generally includes:
- Filing a Motion to Modify Custody in North Carolina.
- Serving the other parent.
- Attending the court hearing.
Remember, the court will prioritize the child's best interests.
When I file motion what happens
Once you file the motion, here are the general steps:
- The court clerk will schedule a hearing.
- The other parent must be served with the motion and hearing date.
- At the hearing, both parties present their cases.
- The judge makes a decision based on the child's best interests.
Consult your attorney for specifics.
Does that happen right away when attorney files
After your attorney files the motion, the process does not happen immediately. The court clerk schedules a hearing, often a few weeks in the future. The other parent must be served with the motion and hearing date. Consult your attorney for the timeline.
When will the parent get serve
The parent is generally served shortly after the motion is filed and the hearing is scheduled. This allows the other parent time to prepare for the hearing. The specific timeline can vary, so it's best to consult with your attorney.
What if my child is going to miss school here and the mother was suppose to bring her back and she never did can it be a faster process
If the child's wellbeing or education is at risk, you may be eligible for an expedited or emergency hearing. However, this depends on the laws in North Carolina. Have you discussed this concern with your attorney?
If it’s expedited how long would it take
In North Carolina, the timeline for an expedited custody hearing can vary. It typically depends on the urgency of the situation and the court's schedule. Your attorney can provide more precise information.
What’s the average
The average timeline for an expedited custody hearing varies based on individual court schedules and the details of the case. It could range from a few days to a few weeks. It's best to confirm this with your North Carolina attorney.
Is it an emergency if parent keeps child in mothers home state
Whether it's an emergency depends on specifics of the case like the child's safety and well-being. Are there any immediate concerns about your child's safety or well-being in the mother's home state?
Mother lied on agreement that she will return child before school started
Lying about returning the child may not, in itself, constitute an emergency. However, it may indeed be significant for your custody case. Have you informed your attorney about this situation? They would be able to guide you on the best course of action.
She had every thing planed out to keep the child
It seems you believe the mother intentionally violated the agreement. This could be relevant in your case. Have you provided all this information to your attorney? They can best advise on the next steps.
It was a text agreement does that count
Text agreements can count as evidence in some cases, though it depends on the specifics of your case and the laws in North Carolina. Have you shared this text agreement with your attorney?
Not yet
It would be beneficial to share this information with your attorney as soon as possible. They can assess its relevance and potential impact on your case. Have you scheduled a meeting with your attorney to discuss this?
She even enrolled her in school with out my consent in North Carolina
Enrolling a child in school without consent could potentially impact the custody case. Share this information with your attorney. They can guide you on how to address this in your motion to modify custody.
Would a attorney recommend her to do all that in order to keep child
It's hard to say what an attorney might recommend without knowing the full context. However, legal professionals typically advise their clients to act in the child's best interest and follow court orders. Have you discussed these actions with your attorney yet?
Would attorney recommend client to lie about returning the child and keep her since she’s been primary
No, an attorney should never advise their client to lie or act unethically. Such actions could negatively impact their case and are against professional conduct rules. It's advised to act in the child's best interest and follow court orders. Have you discussed this with your attorney?
I am scared that the mother could do something since she’s have mental health issues In the past
Your concerns are valid. Mental health of a parent can be considered in custody cases. Have you shared these concerns, along with any supporting evidence, with your attorney? They could guide you on how to properly address this issue in court.
Do military family plan expire
Military Family Care Plans can expire. They typically must be updated annually or when a soldier's personal situation changes. Have you already established a Family Care Plan and has there been any change in your situation?
What’s the best interest of the child in North Carolina
In North Carolina, the best interest of the child is determined by considering:
- The child's physical safety and emotional wellbeing.
- The capacity of the parents to provide for the child's needs.
- The child's relationship with each parent.
- The stability of the home environment.
- The child's preferences (if of suitable age and maturity).
Please consult with your attorney for a more comprehensive understanding.
What the age a child can decide
In North Carolina, there's no specific age when a child can decide which parent to live with. The court may consider a child's preference depending on their age, maturity, and the reasons for their preference. It's discretionary and varies case by case. Always consult your attorney for personalized advice.
What’s mirror passage of time
"Mirror passage of time" isn't a recognized term in legal context. Could you provide more context or clarify your question? I'm here to help with your legal inquiries.