Modification of Orders in North Carolina

When a court order is changed or updated, it is known as a modification. This usually occurs with orders related to custody. There are many circumstances that would require an individual or a family to seek modifications to existing orders for their ongoing visitation rights, recent divorce, or a related case in North Carolina.

Managing cases that are related to modifying existing orders can be complicated for those who are unfamiliar with the process, especially when the case involves custody. The best way to ensure the modification process is completed correctly is to hire an experienced family law attorney to provide you with valuable legal counsel.

Order Modification for Custody Cases in North Carolina

Parents or guardians may pursue a modification of their existing custody order for a variety of reasons. When a family chooses to pursue a legal modification to an existing order that relates to the ongoing care of a child, it is important to be aware of how the courts view cases of modifying custody orders.

During any case that involves custody, visitation, or guardianship, the court will always act in the best interest of the child. While they do use relevant information provided by the petitioning parties to make their decision on a case, the court will ultimately take the wellbeing of a child into account when reviewing any modifications to custody order cases.

Judges will approve the modification of an existing order if the current circumstances of the order are negatively affecting the child. Conversely, a court will deny the modification of an order if it results in damage to the child’s health, safety, stability, education, or wellbeing.

Changes in Circumstance that Lead to Modification of Orders

North Carolina courts require that a parent or spouse’s circumstances have significantly changed to approve a modification of custody orders. There is no set of criteria to determine whether the circumstances have changed in a way that will allow a previously issued order to be modified.  Examples of changes that officials are looking for include:

  • Changes to primary custody
  • Changes to income or finances for either parent
  • Changes to visitation rights
  • Incarceration of the parent or guardian
  • Relocation of the parents or child

To ensure that you provide appropriate evidence of a change in circumstances that can amend the child’s custody, you need the help of an experienced family law lawyer in North Carolina. Working with a certified legal professional can provide you with insight into the order modification process and give you valuable peace of mind.

North Carolina Order Modification Process

The process of modifying a child custody order can be challenging. One of the most essential aspects is that the parent who is hoping to modify an order is required to file a motion to modify the custody order if it was part of a previous court order. Some instances involve the child’s parents mutually agreeing on a modification to the order, followed by a submission of the motion to the judge so it can be approved, which is known as a “consent order.”

If you and your family are hoping to pursue a modification of an existing order for child custody in North Carolina, you need an experienced family law attorney working with you to ensure that all of our questions are answered and that the important aspects of the modification, such as providing examples of substantial change to a parent’s circumstance, are covered.

Contact a Dedicated Family Law Attorney in North Carolina

Your family law case is unique and deserves the full attention of an experienced attorney who can help you modify your North Carolina child custody order. The dependable team at King Law is committed to providing you with reliable legal counsel and representation, if necessary. We are proud to offer ongoing support to both our clients and our community.

To speak with one of the knowledgeable North Carolina attorneys at King Law, please call (888) 748-KING or reach out to us online to schedule your consultation.