Changing terms of consent order

If one party wants to add new terms to a child custody consent order (not affecting custody/visitation), but the other party does not want change or add new terms, what does it take for a judge to change or add new terms/requirements to the consent order? Is it also a question of substantial change of circumstances even if it isn’t a visitation or custody change that is being requested? ( examples: where children are to go to church, right of first refusal to keep children when custodial parent is out of town, etc.)

A child custody consent order can only be modified when there is a substantial change in circumstances affecting the wellbeing of the minor children. This includes adding a right of first refusal paragraph. A court is not likely to order where minor children are to go to church. Without proving a substantial change in circumstances affecting the wellbeing of the children, then your court order cannot be modified.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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