If I need to petition the court for a child custody modification due to my ex-husband moving out of state, what needs to be included in the petition?

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If I need to petition the court for a child custody modification due to my ex-husband moving out of state, what needs to be included in the petition?

Asked on November 27, 2012 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is my understanding that G.S.section 50-13.7(a) governs here and that you would make a motion before the judge in district court showing a change of circmstances.  A motion is usually accompanied by an affidavit in support by you. The party seeking modification has burden of showing changed circumstances. However, after there has been a showing of a substantial change affecting the child, neither party has a burden of proof on the question of best interest.  Basic allleagtions should include the following: The best interest of the child is not considered until there has been a showing of a substantial change affecting the child. The district court judge must find a substantial change of circumstances before it can change an existing order. Remember: the change of circumstances must be substantial; the district court judge must consider changes that have salutary effects upon the child and those which will have adverse effects upon the child; you can not speculate that the change is substantial or that a substantial change may occur sometime in the future as it will not support a change in custody. Show your evidence. And the evidence must demonstrate a connection between the substantial change in circumstances and the welfare of the child. Good luck.





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