Is It Hard to Change Custody Agreements
Is it difficult to change custody arrangements in North Carolina? Since all cases are different, only your lawyer can give you advice related to yours. Some custody arrangements may be more difficult to change than others, but one factor remains the same: either you must agree with your ex to change your custody decision, or you must prove to the court that the circumstances have changed enough to warrant a change. Also, under North Carolina law, changing your custody arrangement must benefit your child. Since the best interests of the child are always the most important consideration, endangerment is one of the most compelling reasons why a judge changes custody. If one of the parents engages in conduct that could endanger the child, the court could change the order and severely rescind or limit that parent`s custody rights. Depending on whether or not there is an agreement between the parties, the change process can be quite fast. If both parents agree that the order should be changed, simply submit a draft custody decision to the court that reflects the changes. The court will then review the change and, in most cases, approve it. Once the order is approved, it becomes legally enforceable. • The child is 12 years old and wants to change primary care provider; or, for example, if a parent was addicted to gambling at the time of the original custody agreement and was granted limited access, they may be able to prove that they have been clean for years and deserve another chance.
On the other hand, if a parent was initially considered capable of creating a better environment and has since transferred two violent ex-convicts home, this could also represent a significant change that would require the child to be removed from custody. As part of a custody agreement or order, parents or the court may limit the custodial parent to moving with the child. For example, an agreement may stipulate that the custodial parent must terminate for a certain period of time before moving, or it may prohibit the custodial parent from leaving the state. The non-custodial parent can apply to the court for a change of custody if the custodial parent moves. A move is not automatically considered an important reason to change custody of the children. There is therefore no guarantee that this type of application will succeed, but the court should include the change in the decision. For major changes and anyone affecting child support, you need to do both. Submit your consent to the court with an undisputed change request and all the evidence. A judge will consider the application, perhaps at a hearing.
The second consideration is why you want to change child custody. It does not matter if you initially negotiated the custody issue or if you agreed at that time, once the court has signed the custody agreement, it will not change it just because you are asking it to change it, for no compelling reason to do so. Finally, the original custody agreement or custody decision is in effect because you, the parents or the court have decided that the agreement is in the best interests of the children. Application to Amend the Custody and Access Order If you need to prepare this order, you must complete the submissions and post-hearing order (Form FL-340) and the Custody and Access Order (Parenting Time) (Form FL-341). You may also need other custody and visitation forms such as forms FL-341 (A), FL-341 (B), FL-341 (C), FL-341 (D) or FL-341 (E). And if there were other orders, such as child support, these forms must be completed and attached. The first important consideration is the time that has elapsed since the original custody agreement came into effect. In general, it is considered preferable for the child to have as much consistency as possible. For this reason, among other things, most courts will not make any changes within a set period of time after the initial custody agreement is drafted.
This “waiting period” varies by state, but is common between one and two years. There are, of course, exceptions to the waiting period if it is assumed that the child is in imminent danger of harm if a change is not made promptly. What works for a baby may not work for a toddler or high school student. A child may need different environments to thrive at different stages of their life, making one home more appropriate than another. If you can prove to the court that the child`s needs have changed, you may have reasons to change custody. The difficulty of modifying a custody and visitation agreement depends on the facts of the case. .
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