Few relationships in life are as rewarding as that between a parent and their child. However, a divorce or other means of parental separation can complicate that relationship, bringing about unfavorable custody and visitation orders. These can deprive a parent of opportunities to even see their child altogether, much less strengthen their bond with them.
The silver lining is that parents who are not satisfied with the custody or visitation orders made by the court in their family law case can seek child custody modifications to help restore their connection with their child. Turn to the experienced and dedicated team of Hickory child custody lawyers at Patrick, Harper & Dixon today. We can assist in preparing a compelling case that details why the court should modify its prior orders.
Process of Establishing North Carolina Child Custody Orders
Courts are to enter child custody orders that advance and protect the best interests of the child. That description takes into account several factors, such as:
- The child’s age and any preferences they have
- Which of the child’s parents can best provide for their physical, emotional, and developmental needs
- Which parent will best encourage the child’s relationship with the other
- Whether living with one parent will severely disrupt the child’s routine
- How far one parent is located from other family members who help raise the child
When both parents agree on where their child should primarily live and how much parenting time the two of them should get, the court will usually adopt that agreement. If there is no agreement, however, the court will then consider evidence and statements from both parents and any other interested parties before making its own independent decisions. In either scenario, child custody modifications can be sought by either parent if there has been a substantial change in circumstances.
Requirements for Child Custody Modifications in Hickory
At any time, either parent can file for a modification of existing child custody orders. To do so, they would file a motion with the court that alleges there has been a substantial change in their own circumstances or those of the other parent.
These may include any of the following:
- A new job that takes one parent away from the other
- One parent’s unwillingness to follow existing court orders
- Criminal or abusive behavior on the part of one parent toward the child
- Dangers or challenges presented by others living with the child
- Any other circumstances the court may find significant
To be labeled as “substantial,” a change must often be expected to last for the foreseeable future. For example, a new job must be one that is not temporary in nature. However, certain circumstances, such as a parent who is actively violating court orders, can act as grounds for child support modifications no matter how long they are expected to endure.
Finally, the proposed child custody modifications must be in the child’s best interests. If the court does not believe a proposed modification will serve the child’s physical, emotional, or mental wellness, it will not be granted.
When to Seek Child Custody Modifications in Hickory
Provided a substantial change in circumstances has taken place, a child custody modification can be requested at any time. There is no minimum wait time necessary before a court can legally consider modifying its prior custody orders.
However, from a practical standpoint, modifying orders too soon after other orders are entered is difficult and often requires showing a much greater need to modify. Similarly, waiting years to seek a modification can be counterproductive as well. The longer a situation exists without a modification being sought, the harder it becomes to seek a modification later.
What a Child Custody Modifications Lawyer Can Do in Your Case
Convincing a court that it should enter new custody and visitation orders requires more than simply showing the court you can provide your child with a better life. You must establish that your child’s well-being is presently at risk or already being hindered and that your modifications are the best way to protect and promote their well-being.
The team of attorneys at Patrick, Harper & Dixon is experienced in litigating child custody modifications. We understand the types of evidence and witnesses the court finds most compelling, and we will use that knowledge to help you gather and present such resources. Combined with our deep understanding of the law, we will effectively show the court how the evidence in your case demands the legal relief you request.
Contact a Hickory Child Custody Modifications Attorney at Patrick, Harper & Dixon Today
Knowing when and how to pursue successful child support modifications is a key benefit a Hickory attorney from Patrick, Harper & Dixon can offer you. With years of experience practicing family law in and around Hickory, we are well-positioned to help you look out for your child’s well-being. Contact us to discuss modifying your child custody orders today.
