Covid-19 - is this considered “significant” to modify custody order

Hello,

As we are all unsure of what the fall school year looks like for our children, I wanted to find out if Covid-19 is a reason significant enough for judges to enter a new child custody arrangement? I understand significant changes have to take place before modifications to an original order can take place. Any advice?

While you are correct that in order to modify a child custody order, there must have been a substantial change in circumstances affecting the wellbeing of the minor child(ren). However, COVID-19 and the pandemic is not a substantial change in circumstances warranting a custody modification. Judges will expect that custody orders and schedules continue to be followed.

Be sure to read through the State of North Carolina’s Custody and Visitation Recommendations During COVID-19.


Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.