Charlotte Divorce Lawyer Blog
How Can A Parent Seek Changes in Child Custody in North Carolina?
The court provides a decision regarding child custody and parenting time arrangements, generally as part of divorce proceedings. This child custody order remains in place until the children reach adulthood. However, there may be times when one or both parents wish to make changes in custody. A change to child custody, called a modification, must be done through the court. It is helpful to understand more about when and how to request a change in child custody in North Carolina.
Custody Modification Laws
North Carolina law allows for the modification of child custody only under certain conditions and timeframes. North Carolina General Statutes 50-13.7 provides the rules that govern child support modifications. The law states that an order may be modified or vacated for cause based on a change in circumstances. A parent must therefore be prepared to provide proof that a substantial change in circumstances has occurred that would warrant a possible change in custody arrangements.
Substantial Changes in Circumstances
Substantial modification factors must be found in order to substantiate a request for child custody changes. It is important to note that a hearing will be held in front of a judge, where a final determination will be made. Filing a request for a modification does not guarantee that a change will be granted. A substantial change is a change that impacts a child’s health, safety, education, or development. These changes must be such that they are likely to affect the child’s well-being.
Common Reasons for Requesting A Modification
There are many common circumstances that arise that may cause the need to seek a custody change. A parent may feel that the other parent’s conduct is harmful to the child. This could be for a variety of reasons, such as lack of time spent with the child, substance abuse, or other factors. One parent may need to relocate due to work. The child’s physical or emotional needs may have changed. A child’s health or safety could be at risk unless a modification is granted.
Prepare to File a Modification
Documentation is essential in child custody modification cases. You will need to gather as much information as possible to present your position to the court. Be ready to provide details that support the presence of substantial changes in consequences. For example, if you feel the other parent is negatively affecting the child, you should provide evidence of the reason, such as substance abuse, violence, or harm to the child. You must also be ready to show how a change in custody will be of benefit to the child. Keep in mind that the court will always make decisions based on the best interests of the child. Your attorney will be instrumental in helping you obtain the evidence necessary in your particular case.
If you are seeking a child custody modification, it helps to work with a knowledgeable lawyer. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation with our family law team.
The family law practice group at Arnold & Smith, PLLC includes two 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.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-13.7.html
https://www.law.cornell.edu/wex/child_custody
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