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cocounselor23 · 08-05-2004, 01:37 PM

thupt:

You can represent yourself in filing for divorce, but I do not recommend it for a custody matter. I know it is expensive, but there is a lot to know. Most people represent themselves ("pro se") when there are no contested issues and here there definitely is. Your case is different though in that you are trying to limit your parenting time with the children, whereas most people are fighting for more time. I do not know what you mean by "separation." Was there a court separation or just something done informally? You said "judgment," so I am assuming there was some kind of order initially that was later changed through mediation. Not clear whether court approved the new schedule? If it wasn't court ordered, then either party can try to change the custody arrangement at any time. With your husband (ex) having primary custody and you living 3 hours away, it is very unlikely court would order alternating weeks...too disruptive to school, etc. and the court would likely not require you to drive them 3 hours, etc. However, the court could give you every weekend or something similar. Most likely, unless your husband (ex) can show a compelling reason, the Judge will not alter existing schedule very much. You need to know that in most states, child support is directly related to the amount of time that the children are with each parent. Under the current schedule, my guess is that your husband does not pay you any child support. Does he realize that by asking that you have the children more will likely result in him having to pay child support? In your case, I would sugesst you use the mediation again and see what is recommended. Mediation is not binding, so you are not stuck with what is recommended (usually), but it is always a good thing to hear what the mediator has to say. Here's a link to NC website I found. http://www.nccourts.org/Support/FAQs...=14&language=1

If you google "North Carolina Divorce," there are a lot of websites, but a lot are law firms and they are usually trying to convince you that you really need an attorney. Hope this helps.

08-05-2004, 01:37 PM	#15 (permalink)
cocounselor23 Upright	thupt: You can represent yourself in filing for divorce, but I do not recommend it for a custody matter. I know it is expensive, but there is a lot to know. Most people represent themselves ("pro se") when there are no contested issues and here there definitely is. Your case is different though in that you are trying to limit your parenting time with the children, whereas most people are fighting for more time. I do not know what you mean by "separation." Was there a court separation or just something done informally? You said "judgment," so I am assuming there was some kind of order initially that was later changed through mediation. Not clear whether court approved the new schedule? If it wasn't court ordered, then either party can try to change the custody arrangement at any time. With your husband (ex) having primary custody and you living 3 hours away, it is very unlikely court would order alternating weeks...too disruptive to school, etc. and the court would likely not require you to drive them 3 hours, etc. However, the court could give you every weekend or something similar. Most likely, unless your husband (ex) can show a compelling reason, the Judge will not alter existing schedule very much. You need to know that in most states, child support is directly related to the amount of time that the children are with each parent. Under the current schedule, my guess is that your husband does not pay you any child support. Does he realize that by asking that you have the children more will likely result in him having to pay child support? In your case, I would sugesst you use the mediation again and see what is recommended. Mediation is not binding, so you are not stuck with what is recommended (usually), but it is always a good thing to hear what the mediator has to say. Here's a link to NC website I found. http://www.nccourts.org/Support/FAQs...=14&language=1 If you google "North Carolina Divorce," there are a lot of websites, but a lot are law firms and they are usually trying to convince you that you really need an attorney. Hope this helps.