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Tag Archives: Changed Circumstances

Domestic Relations – Parent & Child – Custody Modification – Changed Circumstances – Starting School – Visitation Curtailed (access required)

Dickason v. Hayes Even if acrimony and conflict between the parties were not new when the plaintiff-father moved for a custody modification, the defendant-mother did not challenge the trial court’s finding that she failed to work with the father to adjust his visitation to accommodate their child’s school schedule.

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Domestic Relations – Parent & Child – Custody – Modification – Changed Circumstances (access required)

Weaver v. Thomas The trial court’s findings show that circumstances have changed since its original custody order in that the children have bonded with their new stepmother and the defendant-father has been more successful than the plaintiff-mother in dealing with their son’s anger issues. We affirm the trial court’s modification of custody, awarding primary physical custody to the father.

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Domestic Relations – Parent & Child – Custody Modification – Changed Circumstances – Factors (access required)

Wolgin v. Wolgin The trial court clearly considered not only the parties’ disagreements regarding custody but also the effect on the parties’ children of the defendant-mother’s unilateral transfer of the children from their Durham County schools to schools in Wake County and her decision to put the children into extracurricular activities farther away from the plaintiff-father. We affirm the custody modification and denial of the mother’s motion for a new trial.

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Domestic Relations – Parent & Child – Custody Modification – Changed Circumstances – Factors (access required)

Wolgin v. Wolgin The trial court clearly considered not only the parties’ disagreements regarding custody but also the effect on the parties’ children of the defendant-mother’s unilateral transfer of the children from their Durham County schools to schools in Wake County and her decision to put the children into extracurricular activities farther away from the plaintiff-father. We affirm the custody modification and denial of the mother’s motion for a new trial.

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Domestic Relations – Parent & Child – Custody & Support – Prior Order – Changed Circumstances — Prior DVPO – Extraordinary Expenses – Attorney’s Fees (access required)

Balawejder v. Balawejder Even though the defendant-mother dismissed her domestic violence claim against the plaintiff-father, domestic violence between the parties is one of the factors the trial court was required to consider pursuant to G.S. § 50-13.2(a) when it made findings as to the best interest of the child. We affirm the trial court’s order as to custody and child support. However, we vacate the trial court’s attorney’s fee order and remand for reconsideration.

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Domestic Relations – Parent & Child – Custody & Support – Arrearage – Notice – Changed Circumstances (access required)

Jouma v. Jouma The plaintiff-father filed his motion to modify custody and support in October 2009; therefore, the trial court’s October 2010 order did not retroactively modify the father’s support arrearage in violation of G.S. § 50-13.10 or 42 U.S.C. § 666(a)(9)(c) when it extinguished the father’s obligation to pay child support after Sept. 1, 2010. We affirm the trial court’s order granting custody to the father and requiring the mother to pay child support.

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