5 Legal Grounds for Child Custody Modifications | Allan Brandon Tise, PLLC, Attorney at Law

The need to modify child support orders could arise based on changes in the lives of the parents or the child. However, the desire to change the order is not enough to guarantee the modification. Instead, you must prove that the amendment is based upon a substantial change of circumstances materially affecting the welfare of the child and how in your child's best interest.

This blog discusses five legal grounds that allow changes in child custody agreements.

The court may limit the ability of the child to relocate. So, if the custodial parent wants to move moves, you can petition the court for child custody modification. However, a move does not guarantee that you will win the custodial battle. It must still be a substantial change of circumstances, materially affecting the welfare of the child and now be in the child’s best interest that a modification of custody or visitation occur.

In NC, if one parent’s desire to move with the child will significantly affect your child's life or your ability to visit them. The court may decide child custody modification is in the child’s best interests. Some factors include:

Your petition for a modification is more likely to be successful if you can demonstrate that one of these situations exists.

Child custody agreements usually depend on the child's best interest. So, you could request a change in custody if the other parent engages in behaviors that endanger your child. Courts consider whether your child is in immediate danger or unwilling to stay with the other parent in the final verdict.

Some behaviors that endanger your child's life include:

An experienced family law attorney can help you gather the necessary evidence to show the court if your child is in danger due to the behaviors of their other parent.

Situations change over time and could affect the child custody order in a good or bad way. Changes warranting child custody modification must be substantial enough to materially affect your child's life. For instance, if there was previous substance abuse that is now resolved, you may request an amendment to spend more time with your child.

The court presumes the surviving biological parent is the most fit person to have custody a child after the death of a custodial parent. However, some factual situations may negate this presumption and warrant custody be given to a third party.

You could request a change in your custody agreement if the other parent consistently does not follow the current visitation schedule. For instance, you may not want to keep the same visitation schedule if the other parent skips most of the visits. In such a scenario, the judge may revoke or modify the rights of the absentee parent to less or no visitation. This is a case by case situation and fact dependent.

You should also follow the custody order. Failure by either parent to do so may give you a right to request a change in the custodial agreement but, you must prove to the court that the violations materially affect your child's welfare.

Needs change in different stages of your child's life. Besides normal aging, changes in your child's mental or physical health could constitute grounds for modification. For instance, you might receive an modification if your child develops a physical disorder that you are better suited to handle.

Further, you may want a change because your home is more suitable for your child at a particular stage of life. The court may also allow modification if your child wants to stay with you. The older a child is, the more weight the court gives the wishes of the child but the court never has to do what the minor wants.

Child custody is a delicate matter that requires legal help from experienced professionals. If you want help in custody or family matters, please contact Allan Brandon Tise, PLLC immediately.