Fill Out Legal North Carolina Internet Forms For Free

Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion ?filed,? place the original in the Court file and return two (2) copies of the ?filed? document to you.

If child custody is part of a court order, the parent seeking modification needs to file a motion to modify the custody order with the court. The parents can, of course, agree on a modification and submit it to the judge for approval. This is commonly referred to as a consent order and is often the best approach.

To change a permanent custody order, you must show that there has been a substantial change in circumstances affecting the child since the permanent order was entered.

A consent order must be submitted to the appropriate court in North Carolina to get the judge's signature. Essentially, a consent order is similar to a court order in terms of its enforceability. A consent order is enforceable because it shows the consent of both parties and contains the signature of the judge.

If either party is interested in changing the parenting agreement after it is signed by the parties and Judge, a motion must be filed. It is the responsibility of the party filing the motion to have the other party served with the modification.

§ 50-13.7. Modification of order for child support or custody. (a) An order of a court of this State for support of a minor child may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party or anyone interested subject to the limitations of G.S. 50-13.10.