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 advice. Responding to this question does not constitute an attorney-client relationship. Always seek the advice of a lawyer directly to address your specific circumstances.
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 answer, to the extent it provides legal advice, is fact specific, and only intended for the jurisdiction where I am licensed.