North Carolina Divorce Lawyers Blog

Articles Tagged with custody modification

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Blackwell v. Blackwell 2021-NCCOA-537

  1. Facts: Mother and Father began a child custody action. Mother subpoenaed numerous mental health documents from healthcare providers. These documents would have purportedly been used at trial to establish Father’s mental health and substance abuse. In 2016, the parties had consented to a custody schedule in a memorandum of judgment. Before the formal written order was entered, Mother filed to modify custody because her job had moved to Pennsylvania. The formal order was entered in December of 2016. Mother then took the child to Pennsylvania with her in 2017. Father filed for ex parte emergency custody, modification of custody, and contempt. Mother requested that the trial court examine the mental health records. At trial, the judge did not admit those records as evidence, stating that he was not concerned with events prior to the entry of the custody order. Eventually, Father’s motions were granted, and he was awarded with permanent custody. Mother appealed.

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Lewis v. Lewis, No. COA06-599

 

Benjamin Lewis (“Ben”) and Gina Lewis (“Gina”) married on January 1, 1994 and had two children.  Ben and Gina divorced on August 17, 1998.  On June 26, 1998, Ben and Gina executed a separation agreement wherein they agreed to exercise joint custody of the minor children.  The separation agreement was incorporated in the divorce judgment and stipulated that the children would reside primarily with Gina and spend every other weekend and summer vacation with Ben.  They further agreed that Ben would pay half of the children’s uninsured medical and dental expenses and $200.00 each month as additional child support to Gina.  Both Ben and Gina went on to remarry, and as a result of Gina’s remarriage she moved to Yuma, Arizona.  On August 14, 2000, Ben filed a motion in the cause seeking a modification of his visitation schedule with the minor children, asserting that a substantial change in circumstances had occurred due to Gina’s move to Arizona. Continue reading →

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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 →