Episode 14

Episode 14

Understanding Custody Modifications in North Carolina: A Father’s Guide to Legal Changes

In this episode, host Zofia Morales and family law attorney Jana K. Jones discuss the process of modifying custody and support orders in North Carolina. Jana explains what constitutes a substantial change in circumstances, the legal process for modifications, and provides practical advice for fathers navigating custody changes.

What constitutes a substantial change for custody modifications?

The court requires a substantial change in circumstances since the previous order to modify any existing arrangement. These changes typically involve significant shifts in parents’ or children’s situations, such as:

  • Parent relocating to another state
  • Remarriage requiring relocation
  • Children’s behavioral issues or declining grades
  • Children aging from daycare to school-age
  • Changes in extracurricular activities
  • One parent’s failure to follow through with responsibilities

What changes are NOT considered substantial by the court?

Simply aging is not automatically considered a substantial change. The court expects children to get older, so this alone isn’t sufficient grounds for modification. Many parents mistakenly believe that a child being five years older automatically warrants changes, but additional factors must be present.

How does relocation impact custody arrangements?

The impact of relocation depends largely on practical considerations, particularly regarding school schedules. The “tipping point” often occurs when joint custody becomes logistically impossible. For example, moving from Charlotte to Rock Hill might be manageable, but relocating to Georgia or Virginia would make maintaining the current schedule impossible.

At what age can children influence custody decisions?

Generally, judges consider children’s preferences around age 12-13, depending on their maturity level. These conversations ideally occur in chambers without parents present to allow children to speak freely. While some cases may require children to testify in court, judges prefer private consultations to minimize stress.

What is the process and timeline for requesting modifications?

Unlike initial custody determinations, modification requests can be served via first-class mail. The process typically involves:

  • Court-ordered mediation
  • Trial scheduling if mediation fails
  • Timeline: 3-6 months for mediation, additional 3-6 months for trial if needed
  • Total process can take 6-12 months or longer

How can parents formalize temporary agreements?

While verbal agreements aren’t sufficient to modify court orders, parents can:

  • Document agreements in writing (texts/emails)
  • File a motion to modify
  • Create a consent order signed by all parties and attorneys
  • Submit the consent order for judge’s approval

What are the risks of reopening settled orders?

Litigation inherently carries risks, and modifications can sometimes result in unexpected outcomes. The judge’s decision might differ from what either parent anticipated. Using mediation before court involvement can help reduce these risks and provide more control over the outcome.

How should fathers document their case?

  • Maintain written records (emails, texts)
  • Focus on credible testimony
  • Present clear, straightforward answers in court
  • Demonstrate responsible co-parenting
  • Document all relevant changes and circumstances

What’s the best approach to seeking modifications?

  • Start by discussing changes with your co-parent
  • Consider seeking legal advice before negotiations
  • Explore compromise solutions
  • Understand your likelihood of success in court
  • Document all agreements and communications
  • Maintain focus on the child’s best interests