Motion To Modify Custody Forms Nc
Description
How to fill out Arkansas Petition For Modification Of Custody?
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FAQ
If child custody is part of a court order, the parent seeking modification needs to file a motion to modify the custody order with the court. The parents can, of course, agree on a modification and submit it to the judge for approval. This is commonly referred to as a consent order and is often the best approach.
Take the completed Motion and the two copies to the Clerk of Court. There is a $20 filing fee. The Clerk will keep the original Motion for the file and return the stamped copies back to you. If you do not have a copy of the Court Order that you believe has been violated, you may obtain it from the Clerk of Court.
Write your legal argument by stating the rule and explaining how your facts apply to it. Then, add your signature, a Certificate of Service, and a Notice of Hearing. File your motion with the clerk of court overseeing your case. Then, give copies to each defendant.
Existing child custody orders in North Carolina, whether by consent or after trial, may be modified, subject to a finding of a substantial change in circumstances affecting the best interests and welfare of children? not the parent.
Thus, the requesting party must show that a change is justified. Common ?substantial changes in circumstances? may include: a loss or gain of employment, a sudden change in either party's finances, a relocation of the parties or children, a death, a change in the child's wishes, etc.