When parents get divorced, one of the main issues that must be resolved is child custody. In North Carolina, both parents are generally considered equal when it comes to their children. Both parents typically have legal custody, so they are both allowed to make important decisions on behalf of their child. Physical custody is a little more complex. In many cases, parents share custody, with one being designated as the primary custodial parent. Child custody and visitation are usually made part of a divorce order. There may be times when a parent feels the need to modify a child custody order.
Why Do We Need to Modify a Child Custody Order?
There are many possible reasons why a parent may wish to seek a change to the child custody or visitation order. A parent may want to move to another location. Any move that would make a significant change in the visitation or custody arrangement needs to be approved through a modification. Other reasons for modifications include a change to a parent’s schedule or ability to parent, when a child was the victim of abuse or neglect by a parent, when a child is unhappy or shows stress, or wishes to make a change, or for the general stability of the child. Each case is reviewed on an individual basis.
Grounds for Child Custody Modification
In order to seek a modification to a child custody or visitation order, the request must be justified. You may only request a modification based on a substantial change in circumstances to warrant the change. A substantial change in circumstances could be a change in the employment status of a parent, a lifestyle change of a parent, significant health issues, or a change to the relationship between parent and child. As children get older, the custody order may need to be revisited to accommodate the current needs of the child. In all circumstances, the most important consideration is the well-being of the child, and every decision must be made in the best interests of the child.
How to File a Motion to Modify Child Custody
A parent may begin the process by filing a Motion to Modify Custody. You must include specific information regarding the proposed changes. Once the application is filed with the court, the other parent must be served with the request. Parents are required to participate in mediation to try to resolve any disputes before proceeding to court. Mediation will help parents work through issues and hopefully come to an agreement that is best for their children. There may be other things parents can or should do prior to attending a hearing. Although an attorney is not a requirement for filing a modification, it is generally helpful. Your attorney will guide you through the process.
If you are considering a child custody modification or are involved in a custody dispute, we can help. Contact us at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation with our legal team.
The family law practice group at Arnold & Smith, PLLC includes four Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.nccourts.gov/documents/forms/motion-to-modify-custody
https://www.law.cornell.edu/wex/best_interests_(of_the_child)
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https://www.freeimages.com/photo/home-1230034
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