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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111471
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My son has been living with his father and stepmother

Customer Question

My son has been living with his father and stepmother for the past three years,we have joint custody together.His dad will not let him call me his mom or his grandmother. My son is getting very upset and told me he wanted to kill himself ( I am getting him therapy now) he hates it there.I want to go to the courthouse today to file some paperwork because it hurts me to see him like this. What do I need to do?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to file a Motion to Modify Custody (here is a sample, does not matter the county, you can change that, the forms are the same as is the process: http://www.nccourts.org/county/union/documents/mod_custody_or_visitation.pdf)
Because of the child's condition, if the doctor is stating he needs to get out of there, you can ask the clerk when you file for an ex parte temporary change of custody pending the hearing and the court will grant it based on his mental status and then will set a hearing for you to present your evidence to the court to get the custody changed permanently.

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