Regaining Child Custody in North Carolina

Written by Jonathan Breeden

January 24, 2018

If you were denied child custody in the past and currently have limited or no visitation with your child, you may be able to regain joint or primary custody in the future. However, before you return to court to fight for more decision-making power and physical time with your child, talk with an experienced child custody attorney from Breeden Law Office. Regaining child custody is possible, but it can be difficult. You need to ensure you begin this process when the time is right. Call us today at (919) 661-4970 to schedule a case consultation.

When to Try to Regain Child Custody

You are probably eager to regain custody of your child if their other parent was granted primary custody, or if your child currently lives with another family member or foster family. However, this is not a process you can rush. You need review why a judge awarded another adult custody or why you voluntarily gave another adult custody. Once you have improved or altered the issues involved in your loss of custody, it is time to consider filing to regain custody.

You may need to wait a period of time, however, to ensure the changes remain in place. If you can only show a judge that you have made improvements for the past few months, this may not be convincing enough for a judge to award you custody. However, if you can demonstrate consistently in regard to your new situation, then you have a stronger argument for receiving more time with your child.

For instance, you may have lost custody due to your inability to provide a healthy and stable home for your child. This may have been for a variety of reasons, such as a period of unemployment. If you are now able to provide a living environment suitable for you and your child, you can consider filing to regain custody. However, doing so immediately after moving into a new home or apartment may be premature. It may be best to wait a period of time so that you can show the court your situation is stable and likely to continue.

How long you need to wait to try and regain child custody depends on a number of factors. You should work with an experienced child custody lawyer to determine the steps you need to take to improve in the eyes of the court. Depending on the situation, you may benefit from counseling, drug or alcohol treatment, parenting classes, education, employment training, or other steps that may improve your situation.

The Judge Evaluates the Best Interests of Your Child

A North Carolina judge is going to grant custody to the adults who will promote the interests and the welfare of the child. When you ask to regain custody of your child, the judge will re-evaluate which situation is in your child’s best interests, including whether the arrangement should remain the same, you should be granted joint custody, or you should receive primary custody.

You are going to need substantial evidence that your current circumstances are different than those at the time of the previous custody decision. You will need facts to support that your child living with you some or all of the time will be good for him or her. If you are unable to demonstrate that you having custody would be better for your son or daughter than the current situation, then you will not regain child custody.

Cooperate With the Court or Social Services

When you lose custody through the courts or a social services investigation, you may be requested to take certain actions. While this is a heartbreaking time for you, it is best not to ignore this advice. If a judge or social worker suggests parenting classes, even if they are not required, take the classes. If a judge or social worker says you will need evidence of sobriety before you can spend time with your child, find a program that will help you achieve this goal.

Let Breeden Law Office Help You Spend Time with Your Child

If you are unsure about any advice you have received regarding regaining child custody or you have not had any recommendations on how to improve your situation, call Breeden Law Office. An experienced attorney can help you draw up a plan for how you will regain custody in the future. If it is clear that your situation has improved and that your child would benefit from more time with you, we can advise you on when and how to file a motion to modify child custody while also guiding you through the court process.

For help with your child custody matter, contact us today at (919) 661-4970 to schedule an appointment.


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