Articles Tagged with custody modification

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Handerson v. Wittig, No.COA20-924 (July 2021).

Modifications to child custody orders require a substantial change in circumstances affecting the welfare of the child. The change in circumstance is the gatekeeper. That alone will not amount to modification; the court still needs to determine if the change in circumstance affects the welfare of the child and if modification is in the child’s best interest. We see below that the Court has written about what kind of evidence is insufficient to support a change in circumstance when it fails to link with the welfare of the child. Continue reading →

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Fecteau v. Spierer, COA20-532 (2020).

Child custody orders are modifiable. In order modify, the party seeking a modification must show a substantial change in circumstances, from those found in the previous order, that warrants modification. In some cases, primary physical custody is awarded to a nonparent. Most often, this nonparent is a relative, such as a grandparent. Below, we discuss a case where a parent was granted primary physical custody from the grandparents, and we address the legal standard for how to get there. Continue reading →

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In North Carolina, a parent can lose custody over their minor children to the children’s grandparents. One way this can happen is by Order of the Court in a child custody proceeding. Child custody is never permanent, and below we discuss a way for parents to regain custody by motion to the Court. Continue reading →