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If you and your co-parent have a preexisting child custody court order in place, there may be instances when it is necessary to change it. It’s important to understand what to expect when considering child custody modification in North Carolina so you can be sufficiently prepared to move forward.
Understanding Child Custody Laws in NC
In North Carolina, child custody includes legal custody and physical custody. Legal custody is the parental right to make important decisions about a child’s welfare and upbringing, including where they go to school or their religious affiliations. Physical custody determines where a child lives and who provides day-to-day care. Both forms of custody can be shared jointly between parents or awarded solely to one parent.
Child custody is often part of divorce proceedings. In 2023, the divorce rate in North Carolina was 2.7 per 1,000 people.
Custody arrangements may be established through a court order as issued by a judge or through a written agreement between parents that is known as a consent order. On average, in North Carolina, fathers are likely to receive about 27.9 percent of child custody time, compared to the national average of 35 percent.
When Can Child Custody Be Modified?
Under North Carolina family law, a court order for custody may be modified or vacated at any time, as long as a valid reason and proof of changed circumstances are provided. You must officially modify or end a custody order through the court so it can be legally protected and enforced.
Substantial changes that may warrant a modification include:
- Dramatic changes to a parent’s work schedule
- A parent relocating
- A parent’s mental or physical health limiting their ability to care for their child
- A parent dealing with substance abuse or involvement in a domestic violence situation
- A parent remarrying or a new partner moving in
- The need for the child to change schools
- Consistent violations of the current custody order
You Should Hire a Child Custody Lawyer
If you are considering modifying your current custody arrangement, don’t hesitate to hire a child custody lawyer. A skilled custody lawyer understands how to advocate for your child’s best interests while protecting your rights as a parent.
When you are in need of an experienced and understanding North Carolina child custody attorney, look no further than Parker, Parker & Pittman. We are a full-service law firm based in Statesville, founded in 1991. Our longevity has contributed to our trusted reputation among the local community, as have our extensive skills in litigation and negotiation. We have a thorough understanding of North Carolina family law and custody issues.
Where Are Child Custody Cases Handled?
The legal venue that oversees a child custody case, including requests for modification, depends on where you are located. For example, cases in the Statesville area would most likely go through the Iredell County Hall of Justice. It is located at 226 Stockton Street, Statesville, NC 28677.
Speak With a Custody Order Modification Lawyer
At Parker, Parker & Pittman, we take your child’s safety and well-being seriously. Reach out to us today to schedule a consultation with a trusted and capable custody lawyer. Whether you need assistance petitioning for a modification or have other custody concerns, we are here to help.
