Change in Custody

North Carolina Divorce Law Divorce and Separation Answers
1

We have a custody order filed in NC. Children and I live out of state and our oldest teenage son is adamant about moving back to NC to live with his dad next summer.
Question:

  1. If ex and I can manage to work out an agreement, can we modify the existing order through a consent form and file that with the court without a hearing? Or do we have to go to court to modify the current order?
  2. If we can use a consent form, will that supercede the current order?
  3. Again, if using the consent process, can the new consent order modifying custody also include child support obligations for both parties? Or would that need to be a separate VSA? There is no existing CS order on file with the court and I’ve been trying for over a year to get something official.

Thank you!

2

You can try to see if he will agree to you both entering into a consent order on this matter. If so, you don’t have to file any motions to modify.

The do-it-yourself service of this website will be beneficial to you. We have sample forms for you to reference there. You will need to draft a Consent Order, have you both sign and notarize it, then you would file it to get a judge’s signature. You can include an agreement on child support in the Consent Order as well. Good luck to you!