If mediation is not successful, the parties must participate in the custody hearing and submit their cases to the judge with actual evidence and testimony, and the judge will decide whether custody should be changed or not. The court will only consider amending a custody order if the parent applying for a change in custody can provide evidence of a substantial and substantial change in circumstances. It is only when the court is satisfied that the change in circumstances is both essential and material that it will consider the “best interests” of the child. The aim is to avoid frequent changes in child care, which can have a worrying effect on the child. At Caulder and Valentine, our family lawyers in North Carolina know that life can change in the blink of an eye. If you are divorced and/or share custody of your children, we know that these changes can affect your ability to meet your obligations. We can help you change the terms of your divorce and/or custody orders by requesting an amendment application after the judgment. We will ensure that the change accurately reflects your current situation and reduces the stress you are experiencing. Call us today to agree on a consultation and learn more about the changes made following the ruling. The Tribunal may consider substantial positive and negative changes. These changes may also result in a change in a parent`s visit or custody regime (i.e., a positive change in a parent`s financial status or the absence of alcohol consumption, etc.). But not all positive changes can be taken into account by a court and a lawyer would generally be aware of what positive changes to emphasize. There are two opposing strategies for relocating a child with their parent child.
The first is that a parent with physical custody has already been identified as the person best placed to meet the child`s daily needs. The person with physical custody has the right to decide where he or she lives and the court considers that the custodial parent is acting in the best interests of his or her child. The conflicting policy is that a child must have continuous and continuous contact with both parents, and a move would be a huge burden for non-free parents when trying to visit with their child. Part of the reason why amendments can be difficult is because North Carolina requires all custody disputes to go through mediation. This is the first possibility of resolving the dispute. If the problem cannot be solved in mediation, the problem can go to court.