Modifying Child Custody and Visitation Attorney

When the parents of minor children decide they no longer want to live together, they are left with an important decision to make: where and with whom will their children live? Parents have to decide if they will share custody, or if one parent will retain custody and the other parent will have visitation rights. They will also need to determine if they will both have physical and legal custody. Outlining child custody and visitation arrangements can be very stressful, so parents may elect to work with an experienced custody attorney to help them make the best choices for their children.

How to modify or change child custody in North Carolina?

How Custody or Visitation Is Determined

During custody and visitation hearings, the North Carolina courts 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.

Can Child Custody be Appealed?

Reasons to Modify Custody or Visitation Orders

A parent can request modification of a child custody and visitation order at any time by filing a motion with the court. The parent will need to show the court that the circumstances of the child’s life have changed considerably in a way that would make the court want to modify the original permanent 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.

Mediation for Contested Custody Modifications

If your request for modification of custody or visitation is contested by your child’s other parent, the court will order you to attend mediation with the other parent unless you can show why mediation would be a hardship, such as living more than 50 miles from the Court or having a history of domestic violence between the parents. A mediator is an independent party chosen by the court to help parents make decisions regarding child custody and visitation. The goal of the mediator is to make sure the parents make smart, informed choices while keeping their cool during what is likely a contentious issue for them.

If you are located in or near Wake, Harnett, or Johnston Counties, Jonathon Breeden has 2 decades of experience in these local courts and can answer any further questions you have about child custody.