5 Reasons a Judge Will Change a Child Custody Order
5 Reasons a Judge Will Change a Child Custody Order
A child custody order is not always set in stone. When parents separate or divorce, you may get an initial child custody order that outlines the custody terms. However, if circumstances change, the court can modify the order at any point until the child turns 18.
In order to change a child custody order, one parent must request a modification with the court and prove there has been a substantial change of circumstances affecting the welfare of the child. The parent who wants to modify will typically make their request with the help of their family law attorney.
The court can modify the child custody arrangement if a judge finds two facts are true:
- There has been a substantial change of circumstances affecting the child’s welfare
- Modifying the child custody agreement is best for the child’s well being
If the judge makes these findings, they can make a modification to custody matters such as changing custody or visitation rights, or legal custody issues.
In this article, we’ll talk about five of the most common reasons a judge in North Carolina will change a custody order. We’ll also discuss how a North Carolina child custody lawyer can help you make changes that are better for a parents’ and children’s best interests.
1. Physical Relocation
The noncustodial parent can reach out to the court to modify legal and physical custody if the custodial parent moves. However, moving isn’t automatically considered a substantial reason to change child custody. It’s not guaranteed that this type of modification will succeed, but the court should factor relocation into their child custody decisions.
Usually, the court will consider a move as a valid reason to modify the child custody arrangement when one of the following is true:
- The move would place a major burden on the noncustodial parent and make it difficult for current visitation schedules to keep working
- The relocation would have a significant negative or positive effect on the child’s well-being in some other way
As part of a custody agreement or order, one parent or the court can limit the custodial parent’s ability to relocate with the child. For example, an agreement might say that the custodial parent has to provide notice a set amount of time before moving, or it could forbid the custodial parent from moving out of state.
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SCHEDULE YOUR CONSULTATION2. One Parent Refuses to Follow the Custody Terms
When you and the other parent initially went to court, you ended up with a custody order, either through agreement or the judge’s decision. Both of you are supposed to follow this order under child custody laws.
But what if the other parent isn’t holding to child custody decisions? Perhaps they’re not returning your child to your home on time every week, or they’re refusing to tell you when they take your child on road trips out of town.
If this is the case, you can file a motion to modify the child custody order. You’ll have to provide proper notice to the other parent and present evidence in court that demonstrates the violations are a substantial change of circumstances affecting the welfare of the child. Besides filing for a custody modification, you can also ask that the other parent be held in contempt of court.
Since you’ll need to present evidence in court, it’s always best to work with an experienced family law attorney to modify child custody based on violations of the existing agreement or order.
3. The Child’s Needs Have Changed
A child’s age can change how a child lives. What works for a baby might not work for a toddler or a high school student. A child’s preference for how they spend their time might change as well.
Your child may need different environments to thrive at various stages in their life, making one home more suitable than another. If you can demonstrate to the court that the child’s relationship needs have changed, and that you can provide a more stable and nurturing environment, you may have grounds for a custody modification.
If a child develops a mental, emotional, or physical disorder, and one parent is better suited to care for the child than the other parent, that could also provide a reason for a judge to change physical and legal custody. The parent who wants a modification will have to file the motion to modify and prove the changes are substantial and affect the child. The judge will determine how to proceed regarding visitation rights and other custody matters.
RELATED: Common North Carolina Child Support Issues and How to Resolve Them
4. A Parent's Ability to Provide Care Has Changed
Courts recognize that parents’ circumstances change over time, which is why child custody orders aren’t written in stone. However, if you want to request a custody modification based on a parent’s change in circumstances, you must prove that the change is substantial and will affect the child’s life and well-being in some notable way.
Negative changes in circumstance can justify a custody modification, but positive changes can, too. For example, if the noncustodial parent had an issue with substance abuse but now can show that they’ve been two years sober and are holding a steady job, that parent may be able to get a modification that will allow them to spend more time with their child.
5. The Child Is in Danger
Since the child’s safety and well-being are always the court’s primary concern, endangerment is one of the most compelling reasons a judge will change custody. If one of the parents is engaging in behaviors that could endanger the child’s health, the court could modify the order and remove or substantially limit that parent’s rights to physical custody.
Behaviors that could modify a child custody arrangement due to endangerment may include:
- Physical, emotional, psychological, or sexual abuse (including verbal abuse)
- Placing the child in circumstances, either through action or failure to act, that put them in danger of child abuse by others (such as being in a home containing domestic violence)
- Substance abuse that places the child at risk of harm or creates a negative influence
- Serious mental health concerns (psychotic breaks, hospitalizations, unstable or erratic behavior)
If your child is in urgent danger, call the police. Then, contact your child custody lawyer. You can work with your attorney and file a motion to modify your custody agreement and protect your child’s life.
Contact Myers Law Firm if You Need an Experienced Child Custody Lawyer
At Myers Law Firm, we know how important family is. That’s why we offer legal guidance and fight to protect parents’ and families’ rights throughout North Carolina. If you’re fighting for child custody and need legal assistance, contact us today. We can meet with you to answer questions about your child custody case, help you understand your options, and create a plan for what comes next.
To schedule your initial consultation with our Charlotte child custody lawyer, call 1-888-376-ATTY (2889) or complete our quick online contact form.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
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