Existing child custody orders are not permanent. In North Carolina, you can ask the court to change an order by filing a formal petition.
If your current setup no longer works for your family, Brad H. Ferguson Attorney at Law PLLC can help. Brad H. Ferguson is a Haywood County native with deep local roots and more than 15 years of experience helping families in Waynesville, Hendersonville, and throughout Henderson County.
Contact us at (828) 452-1655 to talk about your goals and see how we can help you reach them.
The Function of Child Custody Orders
North Carolina law does not force divorced parents to have a custody order. However, without one, both parents have the same legal rights to the child. An official order provides a set of rules to follow if parents disagree on how to raise their child.
A child custody order defines:
- Legal custody, which identifies who makes major choices about a child’s upbringing
- Physical custody, which sets the schedule for where the child lives
Parents might share these roles, or one parent might have primary custody while the other has specific time to visit.
When a parent has sole legal custody, they do not have to check with the other parent before making big life decisions for the child. With joint legal custody, both parents must talk to each other about these choices.
Because these are court orders, they are legally binding. If someone breaks the rules, the other parent can ask a judge to hold them in contempt. This can result in fines, jail time, or a requirement to pay the other person’s legal fees. These orders remain in effect until the child reaches age 18.
How to File a Motion to Modify a Custody Order in NC
Judges must ensure that every custody order serves the best interests of the child. To change a permanent order, a parent or guardian must submit a Motion to Modify to the court.
To succeed, the motion must show:
- A significant change in circumstances has occurred since the judge signed the last order
- This change directly affects the child and requires a new order to protect the child’s best interests
The paperwork should also explain exactly what new rules you want the judge to set. If both parents agree on the new terms, they can sign a consent order for the judge to review and approve.
Valid Grounds for Modifying a Custody Order
A judge looks for specific shifts in life that make the old order outdated. Common reasons for a court to grant a modification include:
- Moving or Relocation: When a parent moves within North Carolina or to another state, it changes how the other parent sees the child. The court must update the schedule to handle the distance.
- Job and Income Shifts: Changes in a parent’s work hours, travel requirements, or the loss of a job can make the old schedule impossible to follow.
- Lifestyle and Behavior: If a parent begins making choices that could harm the child—such as drug use, keeping unsecured weapons, or other risky behaviors—a judge may step in.
The court also looks at factors centered on the child’s daily life, including:
- Physical, emotional, and schooling needs
- How a change would affect the child’s sense of stability
- The child’s own wishes in some cases
- Evidence of high stress or declining health in the child
A judge may also change an order if there is proof of:
- One parent trying to turn the child against the other
- Blocking visitation time on purpose
- Partners or spouses speaking poorly about the other parent in front of the child
- Acts of domestic violence or criminal behavior in the home
Talk to a Local Henderson County Child Custody Lawyer
Going through a custody change is easier with a professional who knows the local court system. Court staff and clerks are not allowed to give you legal advice.
The team at Brad H. Ferguson Attorney at Law PLLC serves clients in Waynesville and Hendersonville with a focus on what is best for the children involved. Brad H. Ferguson uses his 15 years of experience to help clients understand state laws and how local judges make these decisions.
While it is often better to reach an agreement through private talks, we are ready to present your case in court if needed.
Call our office at (828) 452-1655 to schedule a consultation about your custody needs.
Legal Disclaimer: The information provided on this site does not constitute a lawyer-client relationship and is for general informational purposes only. Attorney Brad H. Ferguson has not been involved in any cases mentioned on this blog. Content provided does not constitute legal advice and may not represent the most up-to-date information. No reader of this site should act or refrain according to the information given without first seeking legal counsel in their jurisdiction. If you have a pressing legal matter that needs attention, please contact our office via phone to schedule a consultation at 828-452-1655.