DivorceNet®

Hi guys, been awhile since I've been on here. I am looking for the major reasons judges in NC (Wake County) typically make a change in custody. Aside from abuse, or endangerment, how does someone go about proving clear benefit to the child's well fare and education, in order to get a change in custodial order?

If you have, for example, clear indication that a child's education is suffering, couple of year's worth of grades falling drastically and increased absences for illnesses without medical attention. How do you use that to prove the child would be better off with the other parent?

Thanks so much !

You can use the reasons you've mentioned so long as you're able to retrieve documentation attesting to the problems and if possible, witnesses (e.g. are the teachers willing to provide testimonial).

The age of the child will be helpful. Does the child want this custody change also? It is mentioned in this article that: Some case law in North Carolina suggests that it may be appropriate for a child who is ten years old or older to assist the Judge in making a determination of custody.

http://www.divorcenet.com/states/north_carolina/north_carolina_child_custody

HevnMaidMe

Thank you for the information. We do have three years of documentation of declining grades since mom and dad divorced, mom moved child to Onslow County from Wake County. We have documentation of his absences, also increasing over time, without medical intervention, no dental care in three years even though insurance is provided, refusal of allowing father to handle that as well. We have teachers statements about the child's work and blatant non involvement by the mother.

We just wanted to see what else we should try and obtain before filing for a change of custody. The child just turned 15 - is in 8th grade and flunking out, even though he scores quite high in SATs and academically gifted. If we don't intervene, we are scared sick that his chances for college entrance will be completely ruined not to mention the resulting self image issues, etc that he could experience. He is sooo bright, and he is loosing his self confidence. He most likely will want to stay with his mother as she excuses everything for him, there are no standards or requirements at her house.

Thank you for your help.

Ugh. He's 15 already, only in the 8th grade, despite his gifted status? That could indicate he's started school late or was kept back a year? And he will want to stay with his mommy because she's going to let him do whatever he pleases? I guess scratch that part where the child can help decide where he wants to be.

This is a sad situation and reminds me of a good friend's recent custody attempt. The ex fired back with "child support," coming forth and claiming unpaid support (which wasn't true. By the time they got the child support b.s. resolved -- literally a separate case which required another attorney -- custody attorney wanted nothing to do with child support -- and pretty much nearly bankrupted them).

You really need an excellent attorney and I wish you well. This doesn't appear to be an easy case. If you do win this, can you assure yourselves that son will actually comply with the schooling efforts? He's bound to be rebellious and defiant and it appears the two of you will have to assert the "tough-love" parenting to its max.