Can I Modify Custody Due to Visitation Issues in NC?

Question from V, Can I Modify Custody Due to Visitation Issues in NC?

Answer from AI:

If you’re facing challenges with custody and visitation in North Carolina, especially when the other parent is not cooperating with reasonable visitation, you might be considering a modification of the custody order. Here’s a general overview of what you might need to know:

Grounds for Custody Modification

In North Carolina, to modify a custody order, you generally need to demonstrate a “substantial change in circumstances” that affects the welfare of the child. Here are some factors that might be considered:

• Non-compliance with Visitation: If the other parent is not allowing reasonable visitation as outlined in the custody order, this could potentially be grounds for modification. Courts typically favor arrangements that allow both parents to maintain a relationship with the child.
• Refusal of Supervised Visits: If supervised visits were previously agreed upon and the other parent is now refusing them without a valid reason, this might also support a request for modification.
• Reunification Therapy: Since reunification therapy is not currently required, the insistence on it, especially if you have filed ethics complaints, may not be a valid reason to deny visitation.

Relocation and Custody Modification

Moving closer to your child’s school or the county where they reside can also be a factor in custody modification:

• Proximity to Child’s School: Living closer to your child’s school can be seen as beneficial for the child’s stability and routine, which might support a modification request.
• Impact on Child’s Welfare: The court will consider whether the move positively impacts the child’s welfare, such as reducing travel time and allowing more involvement in the child’s daily activities.

Steps to Consider

If you believe you have grounds for a custody modification, consider the following steps:

1. Document Everything: Keep detailed records of all interactions related to visitation, including any refusals or conditions imposed by the other parent.
2. Consult a Family Law Attorney: Given the complexities of custody law, it’s advisable to consult with a legal professional who can provide personalized advice based on your situation.
3. File a Motion to Modify Custody: If advised by your attorney, you may need to file a motion in court to request a modification of the custody order.

Legal Resources

For more information, you can refer to the North Carolina General Statutes on child custody and visitation. Additionally, the North Carolina Judicial Branch provides resources and forms that might be helpful:

– [North Carolina Child Custody Laws](https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_50.html)
– [North Carolina Judicial Branch – Family Court](https://www.nccourts.gov/courts/family-court)

Note: This information is intended to provide a general understanding of the legal process and should not be considered legal advice. For specific guidance, please consult with a qualified attorney who can address your unique circumstances.