Charlotte Divorce Lawyer Blog
Divorce is not the end of love; most divorced people will eventually remarry. In fact, a survey conducted by Pew Research Center found that 64% to 66% of divorced people will get married again. On average, a second marriage occurs about four years after divorce. As a parent, you likely have many concerns and questions about how remarriage will affect child custody, visitation, and support.
Remarriage and Custody
One parent getting married again does not automatically warrant a change or even a review of child custody. Remarriage itself is not considered a substantial change in circumstances. However, sometimes remarriage brings changes that could be cause for a custody review. Either parent may request a review and modification of child custody under certain conditions. These include:
- Relocation
- Risks to Child
- Child’s Age and Needs
- Current Schedule No Longer Meets the Needs of the Child
How a New Relationship May Impact Child Custody
A remarriage may impact child custody in situations that are not in the best interests of the child. For example, a new partner could have a criminal record that may cause concern for the safety of the child. Another example could be when a partner has exhibited signs of excessive use of alcohol or drug abuse. These scenarios may be worrisome and could cause a parent to consider requesting a custody change to protect their child from harm.
Does the Child Have Input into Child Custody?
North Carolina courts will always work to ensure that decisions are made in the best interests of the child. The safety and happiness of the child are major concerns. When children are old enough and mature enough to be able to make some of their own choices, the court may consider their wishes. When deciding important issues such as custody, the judge will take all information into consideration and listen to all parties before making a decision. This includes speaking with a child to obtain their input.
Requesting a Change to Child Custody
Either parent may request a modification to a child custody order; however, there must be a legitimate basis for concern or the need to make a change. If there is a substantial change in circumstances, a parent may file a Motion to Modify Custody. The motion must be filed in the jurisdiction where the original order was made. Both parents will be able to present their view to the judge, including documentation and evidence to support their request. The judge will evaluate the information and make a decision that is in the best interests of the child.
Not every motion to modify custody is granted. The judge will carefully consider the change and will only order a change when it is best for the child. If you are involved in a custody battle, it is helpful to seek guidance from an experienced family law attorney. To learn more, contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation.
The family law practice group at Arnold & Smith, PLLC includes multiple 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/help-topics/family-and-children/child-custody
https://www.nccourts.gov/documents/forms/motion-to-modify-custody
See Our Related Video from our YouTube channel:
https://www.youtube.com/user/ArnoldSmithPLLC?feature=watch
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Can Remarriage Impact an Existing Child Support Order?