Material change in custody

North Carolina Divorce Law Divorce and Separation Answers
1

Our articles are based on the child custody statutes. If your custody agreement is a court order, or a parenting agreement adopted by the court, that has the same effect as an Order issued or determined by the court. If custody is merely in a contract and never went through the courts, then the court would make an initial determination.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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.

2

I am in the middle of a moition to modify custody I have filled. I have been told that I must show a material change in circumstances in order for there to be a basis for a change to be considered. I have two mutually agreed custody consent orders in place. The court has never litigated this custody situation before. Why must I still show a material change? I ask this because on a page in your article “When can child custody be filed for or decided? Once child custody is agreed upon or ordered can it be modified?” rosen.com/ppf/law/Children/r … 6/faqs.asp
It is stated “where the parties had not previously litigated but had settled custody by prior written agreement, the court would make its own initial determination of custody and visitation without either party’s having to show changed circumstances affecting the welfare of the child. The court’s initial determination would be based, as always, on the child’s best interests.” Can someone please tell me where or what your articles opinion is based. i.e. statue, precedent or case law? thank you

William E Meyer