When you first receive your child custody and visitation order, it seems perfectly fair and reasonable. For some time, you can work out things that day, and you get to spend time with the kids.
However, circumstances might change in such a way that the initial arrangements cannot practically be followed anymore. The kids get older, and you might get busier, or you are probably not comfortable with your kids being around your ex’s and the new person around too much.
If this is the case, you need to seek legal advice on how to modify the original child custody and visitation order that you and your ex-are following.
The family laws in North Carolina take these changes into account, that is why it makes perfect sense to ask the court to revisit the issue. Just keep in mind that not all parenting disagreements warrant a change, so it is best to seek legal counsel first.
C. Wayne Heasley has more than 30 years of experience in handling divorce cases. In North Carolina, divorce cases can be even more complicated than usual because the state requires that spouses live separate and apart for a period of 12 months. After meeting the requirements of a separation, that is the only time that the process of filing for a divorce begins.
Aside from working as an attorney-at-law handling various cases, C. Wayne Heasley has also served as a District Court judge, so he has extensive knowledge about how judges make decisions.
Can I change my child custody agreement?
Yes, you can change your child custody agreement under certain conditions. A child custody agreement is one that is reached by both the parents, and it can be amended, or a new custody action may be filed by either party after which, both parties would enter a consent order.
Does North Carolina allow child custody modifications?
Yes, child custody modifications are allowed in North Carolina because of the fact that children are always growing, and their needs and preferences are always changing, so the court needs to cater to these changes as well.
When can I file for a child custody modification?
You can file for child custody modification at any time. All you need is proof that material or circumstantial change has taken place in the life of the custodial parent, and this change has the potential of putting the child’s welfare at risk. Thus, you would be proving that the modification is in the best interest of the child.
Do I have to go to court for a child custody modification?
If you are modifying a child custody order, then you would have to go to the court to do so; unlike changing a child custody agreement, which can be done privately between the two parties. If you file a child custody action, you can resolve it outside of the court and then dismiss it once an agreement has been reached.
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