If the parties had previously applied for custody of the children and later settled the case outside the court, while rejecting custody of the children, the parties would not be able to request such a change. In such cases, the parties may apply for an initial child custody provision in order to obtain custody of the children in force. That`s a lot of power for the court system and that`s one of the reasons we`re committed to alternative methods of dispute resolution before you`re able to compel the court to decide custody issues. When it comes to changing your custody order, there are things you want to know. This involves what you need to show the judge to get the change. One thing you need to know from the beginning is that asking for a change is not an easy or quick process. When a parent moves to a place where the current visit cannot continue, North Carolina courts have found that the move is a major change in circumstances and that custody and visitation must be changed. If, independently of one another, the parents have entered into a custody agreement that is not part of the court order, that agreement is applied like any other contract. But the court could change that type of agreement.
For example, even if the other parent is rude to you or tells you mean or bad things, it usually doesn`t mean there has been a “substantial change in circumstances.” Some examples of things that might meet the requirement of “substantial change of circumstances” could be things like a parent who uses drugs, drinks a lot, or brings home a partner who was abusing the child. In any event, this “substantial change in circumstances” requirement must be met, otherwise you cannot obtain an amendment to the custody order. If there is a significant change in the lifestyle of the guardian parent, which the other parent thinks has a negative effect on the child. For example, if the guardian parent has accepted a new job with a longer working time or if the parent leaves the child alone for a long time, the court will consider changing custody due to other factors. Although in most cases both parents request a change of custody, interested third parties, such as grandparents and other parents, may also request it if the circumstances warrant it. Under North Carolina law, the move is not automatically considered a substantial change requiring a further review of child custody. To allow the court to hear whether a change in custody is warranted, the non-custodial parent is the one who must harm the child by moving and that the move constitutes a substantial change. The factors that are taken into account in determining the best interest in relocation cases are as follows: the Tribunal may take into account both positive and negative significant changes..
. . . . . . .