Type of Case: Motion to Modify Custody, Motion to Travel Internationally with a Child
Case Result: Full custody granted to mother, permission to travel internationally granted
County: Guilford County
A mother with a joint custody order in place consulted with our team about getting it modified. She also wanted to travel to the Dominican Republic with her child. But she needed to know how to ask the court for permission to travel internationally.
Assessing the Current Custody Order
Our Family law attorney met with her to discuss the details of her case and get to know her situation. The mother explained that since 2016, she had been the primary caretaker of her child even though she shared joint physical custody with the father. The father had not spoken to the child in at least two years. He does not contact the child on birthdays or holidays and does not see the child at all. The father rarely speaks to her, refuses to answer the phone when she calls, and barely answers her texts. As a result, the child no longer has a relationship with his father.
On the bright side, the child lives happily with his mother. The child enjoys a close relationship with his siblings and his mother’s partner, whom he calls dad. Additionally, the mother’s partner is involved in the child’s life and coaches the child’s soccer team after school.
Despite the biological father’s lack of involvement, he refused to consent to allow the mother and child to travel to the Dominican Republic. The mother was planning this trip to visit the child’s extended maternal family, many of whom have never met the child.
Fighting for Full Custody, Permission to Travel Internationally
The mother had no other choice but to appear and testify in court. She testified about her life with her child, her family home, and her partner’s paternal relationship with her child. Not surprisingly, the father was not present in court.
At the custody hearing, the court found that there had been a substantial change of circumstances since the previous custody order in 2015. It was apparent that this change in circumstances affected the well-being of the child. So, the court awarded the mother sole legal and sole physical custody of her child. She was also granted the Motion to Travel Internationally with her child. They could finally meet the child’s extended family! Lastly, she will be able to apply for her child’s passport without needing the permission or consent of the father.
Do you need to modify a custody order?
This was a tremendous win for our client! She got both types of relief that she needed, and she can finally rest assured that her child will be under her complete care. If your circumstances surrounding your custody order have changed to the point that it is affecting your child’s best interest, contact our family law attorneys today. Our team can help you assess your situation and explain your options.