There are many reasons you may request to change your custody order. For example, you might have to move to another city, or your working hours may change, preventing you from fulfilling the terms of your parenting schedule. With this in mind, it is important to know whether or not it is possible to change the terms of your custody in North Carolina.
Is it possible to change your custody order?
Judges in North Carolina may allow you to alter the terms of their custody orders under certain circumstances. Typically, the circumstances of you or your child must substantially change, and there must be proof that your new living conditions are affecting your child’s welfare. To help them decide if custody orders require modification, courts examine evidence. Proof the court considers includes:
- School records
- Medical records
- Text messages and emails
- Witness testimonies
- Police reports
If the court finds that modifications work in your child’s best interests, a judge may sign it, making the new custody order legally binding. In some cases, courts may request that you and your child’s other parent to undergo mediation for custody disputes. This way, both parents can come to a mutual agreement on what changes are necessary before a judge reviews the new order.
Which factors support modification?
Judges determine whether any changes to a custody order are necessary by examining each case thoroughly. They may allow modifications if:
A parent moves to a different area or changes working hours in a way that disrupts the schedule
New safety risks arise, such as substance abuse or domestic violence
The needs of the child change due to health concerns or school demands
A parent consistently violates schedules and parenting times, displaying an unwillingness to co-parent
These modifications occur not out of your convenience, but for the sake of your children. Courts in North Carolina prioritize the best interests of the child when deciding which parent they should live with or when custody orders need changing.
Why is it important to have a child’s best interests in mind?
If you wish to modify a custody order in North Carolina, you must prove substantial changes in the circumstances that affect the child. Similarly, you must show that the new order serves the best interests of a child. This is vital for a child’s development as it ensures that their emotional, physical, educational and social needs are being met.
Children require stability and security. By fostering a nurturing environment, you can help them grow and receive the same love and support that children who live with both parents do.