Until August, , the boys lived with Frederick and his grandmother in North Carolina. Carol had the boys with her for two months during the summers and also at Christmas. The trial court directed Frederick not to allow the boys to live in the same house as Tim during visitation.
This child said at the hearing that he had no preference as to which of the parties was given custody. All the evidence showed the children were well adjusted. They had good attendance records in school and maintained average to above average grades. The difficulty with the majority opinion for me is that it recites actions by the defendant which the majority considers to be distasteful, immoral, or even illegal and says this evidence supports findings of fact which allow a change in custody.
There is virtually no showing that these acts by the defendant have adversely affected the two children. The test should be how the action affects the children and not whether we approve of it. I believe the evidence shows only that the defendant is a practicing homosexual without showing any harm has been inflicted on the children by this practice. I do not believe we should allow a change in custody on evidence which shows only that the defendant is a practicing homosexual.
Tipton in the home while the children were present and upon other improper conduct by these two men. Pulliam v. Smith remains controlling law in North Carolina. The change must not only be substantial, it must also affect the child. The effect may be positive; North Carolina law no longer requires proof of an adverse effect.
For example, a parent overcoming drug addiction is a positive change that could result in a substantial beneficial change to the relationship between parent and child, justifying a change in custody or visitation. But not all positive changes will justify a change in custody or visitation. For example, the fact that one parent can now pay for private school or similar benefits will not necessarily justify a change.
Nor will the fact that one parent no longer commits domestic assaults and abuses alcohol. Remarriage of one parent, on its own, does not necessarily merit a change. The threat of abuse to a child may be considered a substantial change of circumstances.
In the McConnell case, for example, the mother of a year-old aspiring model became engaged to a man who had been convicted of indecent liberties with a minor. He admitted his inappropriate urges towards teenage girls, and also admitted that he would be at home alone with the girl if the mother retained custody.
The court found this sufficient to justify a change in custody. In the Spence v. Relocation of a parent with physical custody of a child requires the balancing of conflicting policies. The parent with physical custody is deemed the parent best able to meet the daily needs of the child. If you are a parent who was awarded custody and want to ensure that you are legally protected, it is recommended that you have your new child custody agreement approved by a judge.
If your ex does not approve of requested modifications to the current child custody agreement, it can still be approved. However, you will need to prove to the court that circumstances have substantially changed. This is especially true if you are seeking full custody or changing a visitation schedule. One parent may wish to obtain full custody, modify a current agreement to share custody, or make changes to a current visitation schedule.
If you are not comfortable with the requested modifications, it is recommended that you collect documentation, eyewitness statements, and all other types of evidence to present to the court during your hearing.
This is where the help of an experienced child custody lawyer will be beneficial. You can modify a child custody agreement without hiring a lawyer. However, it is usually not in your best interest. Child custody cases are often contentious, drawn-out, and can carry major implications for you as well as your children. They are trained to optimally craft child custody arguments.
Experienced attorneys understand what facts are important and how to effectively present them to a court. Even if you and your ex mutually agree on a child custody agreement modification, it is still recommended that you hire a child custody lawyer.
This is because your lawyer understands the potential long-term implications of certain agreements and can advise you to make choices that will be beneficial both in the present and for the future. In most cases, making changes to a child custody agreement does cost money. The amount of your final bill will depend on whether or not you and your ex agree to the changes or not.
If you do, your legal fees will be somewhat lowered since your lawyer does not have to spend a lot of time on your case. Fortunately, those who take advantage of our unbundled legal services can significantly cut their legal costs.
Child custody lawyers charge high fees because their services are all-encompassing. They handle every aspect of your case such as filing motions, drafting agreements, negotiating, and attending all court hearings with you. However, most people do not need all of these services. Sometimes you just need a lawyer to review your child custody modification agreement, advise you on certain aspects of your case, or attend the hearing with you.
If this is the case, unbundled legal services can potentially save you thousands of dollars in legal fees. Unbundled legal services can save you money by allocating specific duties to your attorney while you take care of the rest. It is important to note that unbundled legal services may not be a good fit for every case. Our firm has more than years of collective experience, so we are well-qualified to handle your case.
Getting a divorce or dealing with family law matters amid the COVID pandemic adds a new dynamic to an already demanding Watch this video for some helpful tips from our attorney, Lauren Schmidt , featured on a segment of Real Talk San Diego! See Here. Child Custody Modifications in San Diego County Once a judge has issued a child custody order, the agreement is legally binding—meaning that unless a child custody modification has been approved by the court, both parents must abide by the terms of that agreement.
Sometimes, circumstances change so significantly that a child custody modification is needed. How to Get Full Custody of a Child without Going to Court To get custody without going to court, both parents must come to their own agreement on custody and visitation. Potential Pitfalls of Handling Your Case Outside of Court If you and your former spouse are co-parenting on amicable terms, you may be tempted to work out a new child custody arrangement without going through the courts. While this is an option — as long as you and the other parent can agree on a new solution — you should be aware of the potential pitfalls: First, you must realize that any arrangement made between you and the other parent would not be enforceable by the court: The can only enforce the original order.
The other parent might wake up one day and decide they no longer want to honor the amended agreement — and, unfortunately, that would be well within their rights.
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