Chance of absent father modifying parenting plan when he has never complied with original or modified court order?

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The NC parent has been inconsistent from the start. After pursuing child support, he threatened me with filing for custody. Instead of waiting, I petitioned the court for Sole Parental in 2011. During the process, he canceled visits & as the judge wrote didn't seem interested in our Child. I received Sole Parental & he received supervised visits for a few more months to establish a relationship. The very next mnth he didn't show for visitation, emailed me & my then atty he no longer wished to comply. Moved out of state & refused to provide his address. I had the court order modified in (2012) to reflect his actions, the judge ordered supervised visits at the CJC & phases for him to build a relationship with the child. He didn't comply & the CJC suspended his visits & sent the letter to the judge. Fast forward to today, he wants unsupervised access & has threatened he is taking me to court as his lawyer said there is no way I can keep the child from him. I never kept him from him. He refuses to comply with the court order. He pays CS when he wants resulting in CS doing a bank levy. My question is given the situation will a judge modify the order & when he has never complied?

Attorney Answer

1
Betty Jones ·
Under the facts and circumstances that you have listed, it is unlikely that the Judge will modify the order. He would have to start complying with the first order and do so for a significant length of time in my opinion before getting any modification. Good luck. Sincerely, B. Elaine Jones, Esq.
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