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  1. #1

    Default What Happens After the NCP Proves a Substantial Change in Circumstance

    It is to my understanding that to have custody modified the 1st step is to prove a substantial change in circumstances. I have done that, the judge agreed with me and we have had a hearing in that regard. Now the judge has heard both sides of our arguments, and to be honest I feel I put on a great case, and my ex not so much, but that is just my opinion. The judge did not render a verdict on the day of our hearing and said that he would have a decision by the end of the summer. Now I suppose my question is, once I have proven a substantial change in circumstance how hard is to change the judges decision in who should have primary care of the child? Are my chances still slim even though I have already overcome one large hurdle which is to prove that there was a substantial change in circumstances?

  2. #2
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    Exclamation Re: What Happens After the NCP Proves a Substantial Change in Circumstance

    procedure varies by state - which is why you were asked to include that information in your post...

  3. #3
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    Default Re: What Happens After the NCP Proves a Substantial Change in Circumstance

    Quote Quoting misscampbell
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    It is to my understanding that to have custody modified the 1st step is to prove a substantial change in circumstances. I have done that, the judge agreed with me and we have had a hearing in that regard. Now the judge has heard both sides of our arguments, and to be honest I feel I put on a great case, and my ex not so much, but that is just my opinion. The judge did not render a verdict on the day of our hearing and said that he would have a decision by the end of the summer. Now I suppose my question is, once I have proven a substantial change in circumstance how hard is to change the judges decision in who should have primary care of the child? Are my chances still slim even though I have already overcome one large hurdle which is to prove that there was a substantial change in circumstances?


    It also depends on the exact change of circumstance involved.

  4. #4

    Default Re: What Happens After the NCP Proves a Substantial Change in Circumstance

    It was in the state of north dakota.

    Quote Quoting Dogmatique
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    It also depends on the exact change of circumstance involved.
    I was in default at our first court proceedings. I represented myself, and did not address the court correctly therefore was never able to plea my case. I have now been able to do so by hiring a lawyer, and having him represent me. We have had the hearing, and I have proven the change in circumstances. I'll name a few, at the time of divorce my ex proved me to be unstable. The judge was not aware as to why the 1st time, it was because my ex had us removed from our home and we were homeless and he did not support us. He miss represented that the 1st time around. Also he was suppose to have our child in his care, he infact did not have her in his care but in the care of a 3rd party. Also that he said he has had her the majority of the time, again another untruth. He has had her in his care 9 months out of the 24 months she was suppose to be in his care. Aside from 4 months that she was with the 3rd party she was in my care and almost always had been, and he kept lying to the judge about it and was getting away with it until I was able to afford a lawyer.

  5. #5
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    Default Re: What Happens After the NCP Proves a Substantial Change in Circumstance

    I'm not sure you've actually met the burden, but good luck anyway.

    (In most counties in ND the rulings are made the same day; the fact that yours is being pondered upon until the fall suggests your case isn't as strong as you feel)

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