Can custody orders be changed in North Carolina?
Yes. In North Carolina, child custody orders can be modified, but only if there’s been a substantial change in circumstances that affects the best interests of the child. Courts prioritize stability for children, so they won’t reopen a custody case without a compelling reason.
If you believe your custody arrangement no longer works for your family, our North Carolina child custody lawyers can help you understand your options and file the necessary motions.
What qualifies as a “substantial change in circumstances”?
A substantial change means something significant has happened since the original custody order that could impact the child’s well-being.
Common examples:
- One parent moves to a new city or state
- A parent’s work schedule changes dramatically
- Changes in the child’s health, education, or emotional needs
- Evidence of abuse, neglect, or substance abuse
- The child’s needs evolving as they get older
- A parent’s remarriage or introduction of a new partner who affects the child’s environment
These changes must be proven with evidence, not just claims, for the court to consider modification.
The legal process to modify custody in North Carolina
Step 1: Filing a motion
You or your attorney file a Motion to Modify Custody in the same court that issued the original order.
Step 2: Serving the other parent
The other parent must be formally notified and given time to respond.
Step 3: Hearing or mediation
In many cases, the court will require mediation before holding a hearing. If mediation fails, the judge will hold a hearing to review evidence and testimony.
Step 4: Judge’s decision
The court decides whether the change in circumstances is substantial and whether modifying the order is in the child’s best interests.
Our family law attorneys represent parents in both contested and uncontested modifications, ensuring your voice is heard.
Can parents agree to modify custody without going to court?
Yes, if both parents agree, you can submit a consent order to the court. Once approved by a judge, it becomes legally enforceable.
However, informal agreements made outside of court are not legally binding. If one parent changes their mind later, the original court order still stands.
What factors does the court consider in a modification?
North Carolina courts use the best interests of the child standard when deciding custody changes. Judges may look at:
- The child’s relationship with each parent
- The ability of each parent to meet the child’s needs
- Stability in the child’s home, school, and community life
- The child’s safety and health
- Each parent’s willingness to encourage a relationship with the other parent
The court’s goal is to protect the child’s well-being above all else.
Can the child’s preference affect custody modification?
A child’s preference can be considered if they are mature enough to express a well-reasoned choice. While there’s no set age, judges often give more weight to the wishes of teenagers.
That said, the child’s preference alone is not enough, it must align with their best interests.
What if the other parent refuses to follow the new arrangement?
If a modified custody order is violated, you can file a motion for contempt. This can lead to penalties, make-up parenting time, and in severe cases, changes to custody in your favor.
Frequently asked questions
How soon can I request a modification after my order is issued?
There’s no strict waiting period, but you must show a substantial change in circumstances. Requests made too soon without evidence may be denied.
Can custody be changed temporarily?
Yes. In emergency situations, such as abuse, neglect, or safety threats, you can request a temporary emergency custody order.
Will modifying custody affect child support?
Possibly. If custody changes significantly, the court may recalculate child support obligations.
Do I need a lawyer to modify custody?
It’s strongly recommended. Custody laws are complex, and the burden of proof is on you to show why the order should change.
Key takeaways
- Custody orders in North Carolina can be modified if there’s a substantial change affecting the child’s best interests.
- Changes must be backed by solid evidence, not just preference or disagreement.
- The legal process includes filing, serving, mediation, and a possible hearing.
- Agreements outside court are not enforceable until approved by a judge.
- A child custody attorney can help you prepare your case and protect your rights.
Need to change your child custody order?
Martine Law can guide you through every step of the process.