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lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25387
Experience:  Practicing family law attorney
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I currently have a Visitation Order in the state of NC. I have

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I currently have a Visitation Order in the state of NC. I have 2 current issues. 1- The father denied me April visitation and did not respond to our Letter of Demand. I have prepared a motion for Contempt. 2- I have very good cause to think the Father is preparing to flee the State and move to Florida. I would like to submit a motion to modify requesting he have to obtain a Child Custody Bond. Here is the issue- in our court order for visitation there is wording that states " This order shall not be modified absent a showing, by clear, consent and convincing evidence, of abuse, neglect or acts inconsistant with parental status." What is missing are the words " change of circumstance". Will this prevent me from filing a motion for a bond and if so- may I incorpoate the request for the Child Custody Bond in my contempt motion ? The Father has lied about the physical whereabouts of the child and I have discovered she is in Florida currently.
Submitted: 6 years ago.
Category: Family Law
Expert:  lwpat replied 6 years ago.
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You can ask for the child custody bond in your contempt petition. However, child custody is always modifiable based on a substantial change of circumstances. It does not matter that it is not in the divorce decree, that is by statute.
Customer: replied 6 years ago.
Thank you- I should clarify. I am the Grandmother of the child in question who had custody of the child until NC decided the father's constitutional rights ( to her money) were being violated. The Visitation order is through a Custody Trial- not divorce. Does this make a substantial difference?
Expert:  lwpat replied 6 years ago.
I am sorry for your loss. Yes it does make a difference since grandparents have far less rights that the parent, as you have found out. Under these circumstances I seriously doubt the court ordering a bond. However, the judge will probably order the father to comply with the order for visitation.
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