My sons have been asking me if they can live with me the last few months yet they stay with their mom for now. They are 13 & 16

Asked almost 2 years ago - Raleigh, NC

Their grades are not good and having behaviorial problems lately. I work at a good company and own a small company. I would like get custody of them.

Attorney answers (2)

  1. Leslie Hall Amos


    Contributor Level 10
    Best Answer
    chosen by asker

    Answered . The first question is whether or not you have an existing custody order in place? Answering this first question, will really directly you as to how best to proceed. I would suggest setting up a consultation with a family law attorney to walk you through this process and to develop a plan for how best to proceed.

    Any answer provided through this discussion board is a general response to the question and NOT intended as legal... more
  2. John Locke Milholland IV

    Contributor Level 11


    Lawyer agrees

    Answered . Avvo Email - Rated Professionals. Expert Advice.I don’t know what your current order status or schedule is, but changing an existing order requires a substantial change in circumstances materially effecting the children. You can likely show this. Assuming you can, a custody trial would then be pending and can make things long and drawn out.

    You should first try talking to the mother and see I she is willing to agree to change the custody schedule. Filing or a modification, or for an initial order, if you don’t have one already, requires a mediation, so if informal talks don’t work, you would have a guided discussion before the judge is asked to decide.
    This response is general legal information. To the extent it is advice, it applies only to North Carolina, the state where Locke Milholland is licensed to practice law. The response applies only to the limited facts presented. Additional or different facts may result in a different response. This response does not and is not intended to create an attorney client relationship.

    **Disclaimer** I am licensed to practice in North Carolina. I practice out of Raleigh and Wake County. This... more

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Parental rights in child custody

Parental rights includes the rights a parent has in regards to his or her children. Mothers, fathers, and unmarried parents are sometimes treated differently.

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