Child Custody Modifications & Relocations in Raleigh

Modifying a North Carolina Child Custody Order

If a custody order already exists in your case, you’ll generally need to show there’s been a substantial change in circumstances since the entry of the last custody order. Under North Carolina law, a parent’s desire for a different schedule, by itself, doesn’t establish that a modification is warranted. We can evaluate the circumstances affecting your child, explain what terms may reasonably be pursued, and develop a case-specific strategy.

Call us at (919) 635-5905 to discuss whether a custody change or relocation may require court action.

Parents may resolve a proposed change by agreement, and we can negotiate and draft the terms. If you seek a modification, we can assess whether the facts present a viable claim, clarify your goals, and gather and present supporting evidence at trial. If you oppose the request, we can analyze the claim and build a defense.

Once the court finds a substantial change in circumstances affecting your child, it applies the best interests of the child standard. This analysis can include the child’s safety, the effect of domestic violence, each parent’s circumstances, and other facts affecting the child’s welfare. Our experience includes complex custody matters involving substance abuse, domestic violence, psychiatric disorders, and custody evaluations.

If the existing custody order is from a state other than North Carolina, the Uniform Child Custody Jurisdiction and Enforcement Act applies. This law determines which state has jurisdiction over interstate custody matters. The order doesn’t need to be registered in North Carolina before it can be modified, though North Carolina courts must have jurisdiction under the Act, and registration may still be required if you seek to enforce an out-of-state custody order here.

Relocation & Its Impact on Child Custody

In most circumstances, address a proposed move before relocating with the child, especially if you plan to leave North Carolina. If there’s no pending litigation or custody order in place and you move out of state with the child, an emergency order may be entered requiring you to return the child if the court finds you’ve evaded the jurisdiction of the State of North Carolina. If a custody order is in place, the court may enter a temporary order preventing the child from moving or changing schools until a return hearing is held.

When a parent seeks to relocate and the child won’t have regular access to both parents, the reasons for the move and its effect on the child become central considerations. In an initial custody case, the court applies the best interests standard. To modify an existing order, you must first show there’s a substantial change in circumstances affecting the child’s welfare before the court applies that standard.

The court may consider the reasons for the move, its effect on the child, the child’s needs and relationships with parents and extended family, community ties, economic circumstances, services for a child with special needs, each parent’s lifestyle, and the distance between homes. A proposed move may also require new terms for parenting time, transportation, school arrangements, travel, and communication between the child and each parent.

Whether you plan to relocate or oppose a proposed move, Vitale Family Law can negotiate a resolution or gather and present evidence at trial if an agreement isn’t possible.

Focused Support for Complex Custody Changes

Our practice is dedicated to family law, including child custody modifications, relocation disputes, and enforcement of agreements and court orders. Lori M. Vitale, Kimberly A. Wallis, and Jennifer L. Shine are board certified in family law by the North Carolina State Bar. Our attorneys and North Carolina State Bar-certified paralegals bring more than 50 years of combined experience to a team-based approach.

When you work with our firm, you work with the entire team. We identify your goals, prepare you for each stage of the legal process, and provide strategic guidance based on the facts affecting your child. If you need a divorce modification attorney in Raleigh for a custody issue, our team can explain your options and prepare you for the steps ahead.