My ex wife has custody of our two girls. They are being told that they have to move out of the home that they are in. They have no where to go because my ex wife and her boyfriend do not have jobs. How do I write up a show cause order or file for a change in custody to at least change custody temporarily to give them a chance to find a job and a place of their own? I live in North Carolina and in the town that I live I have to write up my own orders since I cannot afford to pay an attorney and legal aid does not get involved in these situations. The only evidence that I would have in court is the landlord's name and phone number and address other than the fast that she has been reported to Child Protective Services. Is that enough? Thanks so for any advice that you can give.How Do I file the motion for a temporary change in custody myself?I would go to Family Court and ask the clerk what paperwork you need to fill out. It will still have to go through the court system for any change to take place unless your ex gives you the children willingly or unless CPS has removed them from her care.How Do I file the motion for a temporary change in custody myself?You need to file your motion in the same court where you got your divorce, in front of the same judge if possible. Find out when that judge hears domestic motions.
Then type up your motion using the case caption from your divorce.
Say: Comes now the father (I don't know if you were the petitioner or the respondent in your case) in this matter and respectfully requests the Court grant temporary residency of the minor children with him. In support of this motion, the Court is advised:
1. The mother of the minor children currently has residential custody.
2. The mother of the minor children is being evicted.
3. The minor children will have no home.
4. The father of the minor children is willing and able to provide a residence for the children.
It is so moved.
(sign your name, address and phone number)
Notice of Hearing
Please be advised this matter will be heard on the ___ day of ____, 2009 at _____ o'clock in courtroom number _____ of the ______ County Courthouse.
Certificate of Service
I,(your name), hereby certify that I delivered a true and correct copy of the above and foregoing Motion and Notice of Hearing to (mother's name and address) via U.S. Mail, an informational copy to Honorable (judge's name and address) and filed the original with the Clerk of the District Court.
Sign the document.
Make several copies of the document. File it with the appropriate court clerk. You may have to pay a filing fee. Get file stamped copies back. Keep one for yourself, mail one to your ex-wife and mail one to the judge. then show up for the hearing with your evidence.
OR if your ex-wife is in agreement with this, then just type up an Agreed Order with places at the bottom for both you and your ex to sign and have your signatures notarized, a place for the judge to sign, send it to the judge for his signature and filing with the court, and be sure to provide a self addressed stamped envelope for them to return a copy to you.
Hope this helps. It's how it is done here where I live.
