There must be a substantial change of circumstances in order to request a modification to a child custody order in North Carolina. Additionally, that change must affect the child or children’s welfare. Conflict between parents certainly does impact a child, but does it satisfy this requirement if this conflict has…
Modifying court-ordered custody arrangements in North Carolina requires a substantial change in circumstances and an impact on the child caused by those circumstances. What evidence must parents or guardians provide when showing a change has occurred? It depends completely on the specifics of each case, but one requirement is that…
North Carolina and almost every other state uses the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to determine jurisdiction. The UCCJEA uses four elements to determine jurisdiction in initial custody cases: Home state Significant connection More appropriate forum No other state or vacuum These factors are applied in a…
Grandparents are inarguably a vital part of a child’s life, but the decision to include them is ultimately up to the parents. It can be devastating for grandparents when contact with their grandchild has been restricted. What are your options as a grandparent for seeking court-ordered visitation in North Carolina?…
North Carolina statute allows anyone who claims to have a right to custody of a child to initiate a custody proceeding. Grandparents have a broad privilege to file a custody action, but how likely are they to be successful? A Parent’s Constitutional Rights and Parental Unfitness Grandparents who seek custody…
In North Carolina, the courts determine child custody based on the best interests of the child. If a child is taken from their biological parents or legal guardians, there are often reunification procedures in place. However, reunification is not always included in permanency planning orders. Permanency Planning in North Carolina…
Custody and visitation orders in North Carolina are commonly amended when the terms no longer benefit the children and there has been a change in circumstances. Not every change will lead to a revised custody order, so understanding when a qualifying change has occurred can help you decide if it’s…
Custody and visitation disputes between parents focus on the best interest of their child, but this is not the standard used when non-parents are involved. North Carolina only allows non-parents to file for custody or visitation in limited circumstances. When these issues between a parent and a non-parent are litigated…
The topic of an intact family may come up in some North Carolina custody and visitation cases. Why does this matter? The intact family factor is not relevant to every case, but it is pivotal when a non-parent seeks custody or visitation. The 1995 case of McIntyre v. McIntyre established…
A parent-child bond is more than just an emotional connection; it’s also a strong legal force. In North Carolina, parents have a constitutionally protected interest when it comes to their relationship with their children. Non-parents can be granted custody, but there are strict guidelines for when that can occur. Awarding…