We at King Law are all too familiar with child custody cases and their many complications, as there’s always a level of complexity involved. If you want to ensure your understanding of child custody modification, allow us to explain everything you might need to know.
How to File a Child Custody Modification in North Carolina
In general, child custody modification motions need to be filed with the court. Fortunately, North Carolina does not have preferential treatment for either parent unless there is a strong or compelling reason for this to be the case. This is because the court is trying to consider the best interest of the children who are involved.
In the best-case scenario, where parents are able to agree on a situation, you may be able to submit a consent order to the judge for approval. However, when this isn’t the case, it may be necessary to build a stronger argument and schedule and attend a court hearing. Additionally, you may want to hire a lawyer to build a compelling case and accurately file your motion.
Similar rules apply if you’re seeking to modify either part of a court order or separation agreement. However, in a separation agreement, either parent is able to request a modification motion in writing to the court.
What Does the Court Want to Know?
When requesting a modification to a child custody agreement, the court mainly wants to know if there is a substantial and material change in the circumstances of the child’s parents. This is mainly because the court wants to discourage frequent custody modifications, as changing custody practices often may overwhelm and negatively impact the children involved.
Again, this is done with the best interest of the children in mind, so you may want to consider hiring a lawyer familiar with child custody to build an effective set of arguments. Getting legal counsel for this court order or separation agreement change may significantly impact the court’s decision, as your lawyer may be able to construct a more effective case than you would on your own.
Should I Hire a Lawyer for My Child Custody Modification Motion?
If you’re unsure as to whether or not you want to hire a lawyer for your child custody modification needs, your lawyer may be able to help you.
Building an Effective Case
A lawyer who is familiar with child custody laws may be able to help you build a strong and effective case in your favor, especially if you’re feeling some concern. The court and judge are mainly interested in the reasons why one parent might be looking for modification, such as the relocation of the present custodial parent impacting a child’s overall stability. This may mean something as simple as revising a visitation schedule.
Your lawyer may also be able to find other areas of significant change you may not have considered. This may mean the custodial parent may have dramatically changed their lifestyle, including getting a job that requires a child to be left alone for long periods of time.
Legal paperwork is often confusing, and your lawyer may be well equipped to avoid making mistakes that could negatively impact the results of your motion. Your lawyer may be more familiar with the necessary paperwork and information related to your case than you are, meaning they are less likely to err while completing your forms.
Collecting Required Information
If there are any barriers to your ability to collect information needed for your motion, your lawyer may be able to help. This may also be helpful if you have a particularly stressful or busy schedule and are on a tight timeline.
Many child custody motions require mediation to be held by the court. If you’re struggling with finding a suitable date for mediation or suspect this might be the case, your lawyer may be able to assist you in this area.
Utilizing Strong Negotiation Abilities During Trials and Hearings
Lawyers are frequently well-known for their negotiation skills and tactics. In the case your child custody modification requires a trial or hearing, your lawyer may be able to use their adept debate abilities to communicate your reasons for motioning a modification effectively.
Build Effective Arguments With a North Carolina Child Custody Lawyer From King Law
If you’re worried about your child custody motion, we at King Law empathize with the way you might be feeling. We’re dedicated to ensuring our clients don’t feel alone by leading them through every step of the legal process. Our friendly and compassionate legal team is ready to listen to your concerns, and we may be able to help.
Our clients are our highest priority. If you think we may be able to help you and your family find and maintain the stability you’re seeking, please call us at (888) 748-5464 or (888) 748-KING. Or, if you prefer, complete our contact form.