Cary Child Custody Modification Attorney

Wake County Child Custody Modification Attorney

When parents decide they no want to live together, they decide where their children will live and how custody will be split between them. Those plans may work for a while, but there may come a time when custody must be updated or modified. Each case is unique — the process can be simple or complicated, depending on how cooperative parents want to be or other factors. The most important decision is if the new plan takes your children’s best interests to heart.

The Breeden Law Office understands how difficult creating a custody plan can be, and the added stress you may have once the original order needs updated or modified. We’re here to help you explore your options and to guide you through the process. Schedule your consultation with a Cary child custody lawyer today.

Why Would You Change Custody or Visitation Orders?

You have the ability to request a change in visitation or custody orders in North Carolina, if you can show that circumstances in your life or your child’s life have changed significantly. You will need to demonstrate those changes to the court and show how you would like to modify the original custody order.

Because the court makes decisions based on the welfare of the child, a parent may ask for modification of a custody and visitation order if:

• The child’s safety has been violated;
• The child’s relationship with a parent has deteriorated;
• The child’s home or living situation has become unsafe or unhealthy;
• The child’s parent is abusing alcohol or drugs; or
• The child’s parent has become unable to care for the child.
• One parent wants to move out of the area and that move would make the current custodial schedule impracticable.

The court may take a child’s personal preference into consideration, but it may depend on certain factors, such as the child’s age and maturity level. If you want to modify your permanent custody order, be prepared to show evidence to the court that your child’s life has been negatively altered by the current situation.

How is Custody Determined in North Carolina?

During custody and visitation hearings, the North Carolina courts, like the family court in Wake County, are concerned foremost with the best interest of the children. The idea is to ensure the child’s life does not get too unsettled during the breakup of his or her parents. The court looks at the child’s current living situation, his or her relationship with each parent, and each parent’s capabilities when caring for the child.

The court will consider safety factors as well, including:

• The overall safety of the child;
• Whether either parent has been accused of committing an act of domestic violence; and
• The safety of a parent who has been the victim of an act of domestic violence.

The court will also take into consideration the requests of the parents. Either parent may file for custody, or both parents may elect to share custody. When custody is decided, the court will outline the terms of the decision in writing and will also give visitation instructions, if applicable.

How Do You Demonstrate that Circumstances Have Changed?

There is a variety of evidence you can use to show the courts that your children’s circumstances have changed. You may be able to use police reports, testimony from the children about their relationship with the other parent, and more.

You need to demonstrate that these factors are enough for you to be concerned with your children’s safety or wellbeing. Your proof must show that it is in their best interest that you update your children’s custody arrangements.

Get a quick run-down on how to change your child custody plan in North Carolina.

Watch Video

How to Modify a Child Custody Order in North Carolina

If you’re seeking to update an existing custody order, the first step is filing a motion to modify with the same court that issued the original order. This motion should explain what has changed since the order was entered and how those changes affect your child. Once filed, the court will schedule a hearing to review your request.

Before the hearing, most counties in North Carolina require parents to participate in court-ordered custody mediation. This process is designed to help both parties reach an agreement without going to trial. If mediation is successful, the agreement can be submitted to the judge for approval. If not, the case will move forward to a contested hearing where each parent can present evidence and testimony.

During the hearing, the judge will decide whether a substantial change in circumstances has occurred and whether modifying the order is in the child’s best interest. If the court agrees, a new custody arrangement will be issued and become legally binding. An experienced family law attorney can help you prepare for each step and advocate for a solution that works for your family.