Modifications Of Child Custody & Support
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. Our lawyers at Bull & Reinhardt, PLLC, 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.
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 children’s safety
- A child not doing well at home or school
- A custodial parent’s request to relocate out of the area or out of state
- Domestic violence
- The wishes of an older child to live with the other parent
Our lawyers will review your circumstances and advise you whether, and how, to proceed.
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 percent or more, you may request a modification.
Speak With An Experienced 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 828-348-8053 or contact us online.