Child Custody Modification In North Carolina
When family circumstances change after a custody order has been established, North Carolina law allows for modifications when significant changes affect the child’s well-being or a parent’s ability to provide proper care.
At Harbinson Parker, our family law attorneys understand the complexities of custody modification cases. Our lawyers work diligently to help families navigate these often emotional proceedings in Statesville, Taylorsville and throughout North Carolina.
What Constitutes A “Substantial Change In Circumstances”?
North Carolina courts require proof of a “substantial change in circumstances” before modifying existing custody arrangements. This standard may include:
- Significant changes in a parent’s living situation or employment
- Relocation that impacts the current custody schedule
- Evidence of neglect, abuse or unsafe conditions
- Substantial changes in the child’s needs or health
- A parent’s consistent violation of the existing custody order
The change must materially affect the child’s welfare, either positively or negatively, to justify modification.
How Do I File For A Child Custody Modification In North Carolina?
Filing for custody modification involves several steps in North Carolina courts:
- File a motion to modify custody in the same county where the original order was issued
- Provide specific details about the substantial changes that have occurred
- Serve proper notice to the other parent
- Attend any required mediation sessions
- Present evidence of changed circumstances at your hearing
Documentation of the changes and their impact on your child strengthens your modification request.
Do I Need A Lawyer To Modify A Child Custody Order?
While not legally required, an experienced family law attorney can improve your chances of success. A lawyer helps:
- Properly draft and file necessary court documents
- Gather and present compelling evidence
- Navigate complex court procedures
- Advocate effectively for your position
- Negotiate potential settlements with the other parent
The legal standards for modification are stringent, making professional support invaluable.
At What Age Can A Child Choose Which Parent They Want To Live With In North Carolina?
North Carolina has no specific age at which a child can independently choose their custodial parent. Instead, courts may consider a child’s preferences based on their maturity level and reasoning abilities. Generally, judges give more weight to the opinions of older teenagers but always within the “best interests of the child” standard.
Get In Touch Today
Contact us today at 828-600-7462 or through our online contact form to discuss your custody modification case with our dedicated family law team.