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Lawmoe
Lawmoe, Lawyer (JD)
Category: Legal
Satisfied Customers: 2415
Experience:  Lawyer with 19 years of litigation experience in state and federal court systems.
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I have a 15 year old child who lives with me. Her visitation

Customer Question

I have a 15 year old child who lives with me. Her visitation was entered into the courts when she was 6. Her father lives 2.5 hours away and she does not want to continue to see him every other weekend. They do not get along well. He is very controlling and will not budge on her visitation. He is angry with me for leaving him and takes everything out on our child. (Its been almost 10 years). He abuses the courts with petty issues. We have a parenting coordinator to help with this, but she basically tells me that we may have to petition the courts. The last time she went up there he locked her in a room for over 2 hours while her friend stayed in a near by room and he yelled at her and would not let her out of the room. Her friend was ready to call the police. He tried to get her friend in the room with him as well to show him old texts and emails he and I have sent to one another...he is mentally, verbally, and on the verge of physically abusive. What can be done?
Submitted: 6 years ago.
Category: Legal
Expert:  Lawmoe replied 6 years ago.

A child never gets to decide whether they will follow a parenting schedule. Moreover, each parent is obligated to support the existing parenting schedule that is ordered.

 

The parenting coordinator is correct that any modification requires filing a motion to change the existing schedule. Certainly parenting schedules may be modified as needs change. However, the burden is on the party filing a motion to modify to demonstrate that the requested modification is in the child's best interests. As part of the analysis, the court will consider the desires of a child deemed to be of suitable age and maturity. Certainly, a 15 year old would be old enough to express his/her desires.

 

 

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Expert:  Lawmoe replied 6 years ago.
The applicable North Carolina Statute is below

 

§ 50-13.7. Modification of order for child support or custody.

(a) Except as otherwise provided in G.S. 50-13.7A, an order of a court of this State for support of a minor child may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party or anyone interested subject to the limitations of G.S. 50-13.10. Subject to the provisions of G.S. 50A-201, 50A-202, and 50A-204, an order of a court of this State for custody of a minor child may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party or anyone interested.