QUESTION
Can the mother of my son change our existing custody agreement without me being present?
Asked on Apr 16th, 2015 on Family Law - North Carolina
More details to this question:
My sons mother says she is changing the custody agreement we have in place to get our son to move back with her with out me being at the court,the court did not notify me and supposedly it takes place at the end of the school year.
1 ANSWER
You were supposed to have received the motion and the notice of hearing regarding modification of the child custody order. If you did not and the court has already modified the order, a Rule 60 motion might be appropriate to reopen the case and have the matter heard again. You can contact the clerk’s office to see what has already happened in the case. You should contact a local attorney to assist you in determining whether you will need to reopen the case, and in handling the matter for you.
Answered on Apr 20th, 2015 at 7:04 AM
Kathy Richardson Richardson Law Firm, PLLC 2310 S. Miami Blvd, Ste 134 Durham, NC 27703 919-680-2300