In North Carolina, custody can be modified when there is a substantial change of circumstances, but importantly, this change need not be adverse. A positive change can also be the basis for a modification of North Carolina child custody. In a recent appellate decision, the court considered modification of custody in a child’s best interest at a grandparent’s request. The case arose from the modification of a 2012 custody order. The plaintiffs were the paternal grandparents of two children, and the plaintiff’s son was the children’s father. The children’s mother had gotten married since an earlier order of the court and her interests were opposed to the father and grandparents’ interests.
An earlier custody order had given the father sole legal and physical custody of the children. The mother had visitation rights. The father and children lived with the grandparents at that time. The father had limited intelligence and education and needed to rely on his parents. However, the mother admitted to the father that she used drugs and alcohol excessively at one point, and that she was hanging out with a man who was later imprisoned for meth sales. She wasn’t able to keep a job and had to move multiple times due to an inability to pay rent and utilities.
When the kids were five and two, their grandmother found the house covered in trash and alcohol and one of the kids had cut herself due to glass being on the floor. She removed the child from the mother’s home.