Once your custody agreement is settled and you get into a routine with your kids, you might feel that things are not working out as well as they could. Perhaps you don’t like the way your ex is caring for your children, or maybe you need more time with them.
If you’re like most people in situations like these, you’re wondering how hard it is to change your custody agreement and whether you’ll need to call your Raleigh divorce lawyer to revisit the case.
Is it Hard to Change Custody Agreements in North Carolina?
Because all cases are different, only your lawyer can give you advice that pertains to yours. Some custody agreements may be harder to change than others are, but one factor remains the same: either you will need your ex to consent to modifying your custody order or you will have to prove to the court that circumstances have changed significantly enough to warrant a change. Additionally, according to North Carolina law, modifying your custody agreement must benefit your child.
What Kinds of Changes Can Qualify for a Change in Custody?
Not all changes are significant enough to warrant a change in custody. For example, the remarriage of one parent, a positive change in financial circumstances or the improved health of a parent might not be enough for the court to decide that custody should be changed. It’s a good idea to check with your attorney, who has extensive experience with custody and visitation, to see if you have grounds to change your agreement.
Abuse or the threat of abuse may be considered a “substantial change of circumstances,” as can the relocation of a parent and things like criminal activity. Poverty, neglect and other changes that adversely affect your children might also be grounds to change your custody agreement.
When in Doubt, Check with Your Lawyer
The laws and the court system can be complex. If you’re considering changing your custody agreement, call your attorney. After evaluating the situation, he or she will tell you whether you should attempt to seek a change in custody.
