Asheville Child Custody And Support Modification Lawyers
Last updated on December 26, 2025
Child custody and support orders are based on the situation that existed at the time of your divorce. When those circumstances change, the orders must be modified to better protect the best interests of your children.
Modifying a court order can be difficult. The lawyers at Bull, Reinhardt, and Bowkett, understand the law when it comes to modifying family court orders, as well as how judges in western North Carolina apply those laws. We can advise you whether you have a strong case for modification and if so, how to approach it in court.
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Child Support Modifications
Child support orders can also be changed if there is a substantial change in circumstances, such as job loss or promotion. Even without a substantial change in circumstances, child support court orders can be recalculated every three years. Should the amount of support change by 15% or more, you may request a modification.
Determining A ‘Substantial Change In Circumstances’ For A Change In Child Custody
In North Carolina, child custody modifications are contingent on whether there has been a substantial change in circumstances. Courts are hesitant to modify custody unless there has been a substantial change that affects the best interests of the children.
Here are a few examples of circumstances that may qualify as a substantial change:
- Drug use or other behavior change by a parent that affects the child’s safety: If one parent begins using drugs, drinking excessively or showing erratic behavior, the court may revisit custody to protect the child.
- A child not doing well at home or school: Poor performance, emotional distress or behavioral issues may signal that the current arrangement is not working.
- A custodial parent’s request to relocate out of the area or state: Moving can affect the other parent’s visitation and the child’s stability.
- Domestic violence: Any form of abuse or exposure to violence can justify modifying custody to ensure the child’s safety.
- The wishes of an older child to live with the other parent: A mature child’s preference can influence the court’s decision, especially if supported by other factors.
Our lawyers will review your circumstances and advise you whether, and how, to proceed.
What Are The Steps To Modifying A Child Custody Or Support Order In North Carolina?
Modifying a child custody or support order involves several key steps, and following them carefully helps ensure the best chance of success:
- Filing a motion for modification: The parent seeking changes must file a formal request with the court outlining the substantial change in circumstances.
- Serving the other parent: The nonfiling parent must receive official notice of the motion so both sides can present their case.
- Gathering evidence: This includes documents, school reports, financial records or witness testimony showing why the change is necessary.
- Court hearing: A judge will review the evidence, hear both parties and determine whether modifying the order is in the child’s best interest.
We can guide you through each step to help ensure proper filings and effective advocacy in court.
How Can An Asheville Modifications Attorney Help?
An Asheville modifications lawyer can help protect your rights and your child’s best interests. They can:
- Evaluate your case: Assess whether your situation qualifies as a substantial change and what legal options are available.
- Prepare and file documents: Help ensure all court paperwork is complete, accurate and filed within the required timelines.
- Represent you in court: Present strong arguments, cross-examine witnesses and advocate for fair custody or support terms.
- Negotiate agreements: In some cases, attorneys can help parents reach mutual modifications outside of court, saving time and stress.
Working with an experienced Asheville family law attorney helps ensure you have the right legal representation to protect your family’s future.
Speak To An Experienced North Carolina Family Law Attorney
When you need assistance modifying a child custody or support order, we can provide guidance based on our extensive experience. Discuss your case with an attorney at our Asheville office. Call us at 828-254-0499 or contact us online.