modification

[mom4good]

north carolina

divorced in 2000

both parties remarried in 2001

mother ncp --father cp--father only has child 4 more days each month than the mother

mothers spouse arrested 10 months ago and still in jail.
fathers spouse has another child she rarely sees and is currently in court about and is way behind in child support. Fathers spouse also frequently gets fired or quits jobs. Father has another daughter that he doesn't have or see. they maintain a nasty residence etc. Mother has maintained the same job for 5+ yrs. Father and stepmom have filed to get child all of the time b/c of situation with mothers spouse. Mother has child in therapy and the therapist will testify that the child is experiencing no problems with the situation. The therapist will also testify that the stepmother is very controllong and has alot of influence over the Father and the child.

#1. will the court take away custody b/c of this?

#2. do you know of any cases like this in NC or any other state?

#3. How can I research to find case law in NC or any other state?

[socrateaser]

>#1. will the court take away custody b/c of this?

A change in custody requires a substantial change in circumstances. The incarceration of the mother's spouse is not a substantial change. When spouse returns from jail, THAT would be a change, but the question remains as to whether the crime committed places the child in jeopardy. If not (e.g., spouse forged a check), then no change. If so (e.g., child molestation), then change, and probably a new custody hearing.

>
>#2. do you know of any cases like this in NC or any other
>state?

Happens all the time. No precedent would be useful. It's a matter for the discretion of the family court.

>
>#3. How can I research to find case law in NC or any other
>state?

//www.versuslaw.com; $11.95 per month gets you case law databases for all 50 states and the federal circuits.

[mom4good]

The reason for incarceration...awaiting trial for murder. No proof, just one witness.

 #1would the substantial change be if and when he gets out or when he was incarcerated 9 months ago or now b/c of the charge?

#2 What ever happened to innocent until proven guilty?

#3. the therapist says that the child is fine. If the Father and stepmm wanted to use this, shouldn't they have done so 9 months ago?

[socrateaser]

> #1would the substantial change be if and when he gets out or
>when he was incarcerated 9 months ago or now b/c of the
>charge?

When he gets out, and if the mother permits him to spend substantial time with her. This would potentially be placing the child in harm's way, and the other parent would have a reasonable right to inquire into the circumstances under which the child would be living.

>
>#2 What ever happened to innocent until proven guilty?

It's alive and well, but it only applies to CRIMINAL actions, not civil, and family law is civil law.

>
>#3. the therapist says that the child is fine. If the Father
>and stepmm wanted to use this, shouldn't they have done so 9
>months ago?

No, because the incarcerated boyfriend is no threat to the child, as long as he is incarcerated. That's precisely why we have jails...to keep dangerous people away from innocents.