Motion To Modify Temporary Orders With Child Custody In North Carolina
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To initiate a modification of a child custody order in North Carolina, the parent seeking the change must file a motion with the court that issued the original order. This motion must clearly outline the substantial changes in circumstances and demonstrate how these changes affect the child's well-being.
Modification of a temporary order. (a) A court may modify a temporary custody order without finding a substantial change of circumstances. Simmons v. Arriola, 160 N.C.App.
North Carolina courts have held that the following may be grounds that meet the Substantial Change of Circumstances test: Violation of a Court Order. The Child's Present or Future Well-being. The Personality, Conduct or Character of Either Parent.
Temporary orders can sometimes be heard by appellate courts, but only with special permission. For instance, if an abusive father was given temporary custody of his child, a mother may pursue special permission to appeal this custody award in an appellate court.
Filing a Motion To Modify a Custody Order in NC To change a permanent custody order, a parent or guardian who is a party to the custody arrangement must file a Motion to Modify. The motion must assert that: There has been a substantial change in circumstances since the original custody order was entered.
The time length of a temporary custody order will last between five months to an indefinite period based upon the circumstances.
If you file a motion to change a temporary custody order, the judge may schedule a hearing to gather facts and information from all the witnesses. The court may, alternatively, choose to make a decision based on the affidavits and other paperwork you and the other parent submit.
To modify the order, you must show the judge there is an issue that cannot wait to be resolved at trial. These matters include such issues as child endangerment or a parent violating the terms of the order. To modify temporary custody orders, you will need to include your reasoning for filing a motion to modify.
One thing you should know from the very beginning is that requesting a modification is not an easy or fast process. Part of the reason modification requests can be difficult is because North Carolina requires all custody disputes to go through mediation. This is the first option for resolving the dispute.
