Child Custody Modification Process

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Summary

If a parent doesnt return a child as agreed, it may be seen as a violation of the custody agreement. In North Carolina, you can file for contempt if the custody order is not followed. As a secondary parent in joint custody, you have rights to visitation and decision-making. To modify custody, file a petition in North Carolina, show a substantial change in circumstances, and prove its in the childs best interest. Courts consider the childs needs and each parents ability to meet them. Consult a North Carolina family law attorney for guidance.

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Child was leaving with father in California for 4 years and mother lives in North Carolina
Considering the child was residing in California, California law applies. In this case:
- Not returning the child can be seen as parental kidnapping.
- You should consider contacting a lawyer or the California Family Court.
- California law typically favors joint custody.
But child is in North Carolina and Custody orders are also in North Carolina
In this case, North Carolina law would apply as the child and custody orders are there:
- If you have a valid North Carolina custody order, you could potentially file for contempt if the other parent is not following the order.
- Contact a North Carolina family law attorney for specific advice.
What rights do I have as a secondary on joint custody
As a secondary parent in a joint custody arrangement in North Carolina, you have the following rights:
- Regular, scheduled and reasonable visitation.
- Right to participate in decision-making regarding your child's healthcare, education, and religious upbringing.
- Access to school records, medical records, etc.
- Consultation before the primary parent makes significant decisions about the child's life.
Please consult with a family law attorney for more specific information.
Primary parent doesn’t have a bond with child for over 4 years
Could you please clarify if you're seeking to modify the existing custody arrangement due to the primary parent's lack of bond with the child?
I want child back to California where she’s been living for the last for years
If you wish to modify the custody agreement, here are the key points:
- File a petition in North Carolina court, as the custody orders are from there.
- Show a substantial change in circumstances.
- Prove that moving back to California is in the child's best interest.
- Consult with a family law attorney.
What are my chances
Determining your exact chances of success is difficult without knowing all the details of your case. However, courts generally favor decisions that are in the best interest of the child, considering factors like:
- The child's emotional, physical, and educational needs
- Each parent's ability to meet these needs
- The child's existing living situation and attachments
Consulting a family law attorney can help clarify your chances based on your specific situation.
Will the judge see the mothers actions on what she did on not returning child after agreement
In a custody dispute, the judge will consider all relevant factors, including the actions of both parents. If the mother violated the custody agreement, it could potentially impact the judge's decision. However, it's essential to consult a family law attorney for advice.
Can it be traumatizing for child to have this change
Could you please clarify if you're asking about the potential psychological impact on the child due to the change in custody or living location?
Childing thinking she will be back and mother kept her
It seems like you're concerned about the potential emotional impact on the child due to the sudden change in living situation. Have you consulted with a professional therapist or counselor about this matter? Answer: Changes in custody and living situations can indeed be stressful and potentially traumatic for children. It's crucial to handle the situation sensitively and possibly seek professional help for the child.
Do I need a attorney from North Carolina to bring daughter back to California
Yes, it would be beneficial to hire an attorney from North Carolina since the custody orders are from there. They can guide you through the process of modifying the custody order in accordance with North Carolina law.
How long will it take to modify the orders
The length of time it takes to modify custody orders can vary widely. Factors include the complexity of the case, court's schedule, and whether the other party contests the modification. It could take a few weeks to several months. Consult with a North Carolina family law attorney for more specific information.
Would it be faster if my child has been living in California for the last 4 years I don’t want her to miss school here
Are you asking if the process of modifying custody orders would be faster due to your child having lived in California for the past 4 years?
Yes
The length of time the child has lived in California may be considered by the court, but it does not necessarily speed up the legal process. It's important to:
- File for modification as soon as possible
- Provide evidence showing the child’s established life in California
- Consult a family law attorney in North Carolina to navigate this process.
Once I file motion will the time stop of her being in that state so it won’t reach 6 months ?
Are you referring to the "home state" rule, where the child's home state is typically the state where they've lived for at least 6 months immediately prior to the custody proceedings?
What if the court takes a while to determine the order and 6 months go by
Are you concerned that if six months pass before the court makes a decision, North Carolina will become the child's "home state" under the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act)?
Answer: If six months pass without a court decision, North Carolina could possibly become the child's "home state." However, it's crucial to:
- File the motion as soon as possible
- Consult with a North Carolina family law attorney for guidance.
Yes I’m concerned
I understand your concern. Are you seeking advice on how to prevent North Carolina from becoming the child's "home state" if the court decision takes longer than six months?
What if I file emergency motion
Could you provide more context on why you're considering filing an emergency motion? Are you fearing harm to the child or a significant risk of abduction?
Mother said that she would have the child for * weeks in North Carolina but will not return her
Have you informed the authorities about the mother's refusal to return the child after the agreed period?
Answer: Filing an emergency motion could be an option if there's immediate danger or harm to the child. However, the situation you described might be seen as 'parental kidnapping'. It's crucial to:
- Report it to law enforcement
- Consult with a North Carolina family law attorney.
And she has already enrolled her in school even tho she is also enroll in California
Are you concerned that the mother enrolling the child in a North Carolina school could affect the custody proceedings or your attempt to modify the custody order? Answer: Yes, it's a concern. The mother enrolling the child in school without your consent might be seen as a violation of the joint custody agreement. However, it's important to:
- Document this and other violations
- Consult a North Carolina family law attorney for guidance.
Yes can that effect every thing
Are you asking if the mother enrolling the child in a North Carolina school could impact the outcome of the custody modification proceedings?
Answer: It could potentially influence the court's decision as it reflects the child's current living situation. However, the court will consider multiple factors. Consult with a North Carolina family law attorney for specific advice.
But Child is still enroll in California
Are you saying that the child is currently enrolled in both a California and a North Carolina school? If so, have you informed the court about this situation?
Yes
Have you informed the court that the child is still enrolled in a school in California, despite being enrolled in North Carolina by the mother?
Is the child able to attend school out there even tho she’s enroll in California
Answer: Yes, a child can attend school in North Carolina even if enrolled in California. However, it may complicate the custody situation and should be discussed with a North Carolina family law attorney.