When it comes to family law cases, the modification of a child custody agreement can be a complex and emotional process. In North Carolina, there are certain guidelines and procedures that must be followed to successfully modify a custody agreement. In this article, we will discuss the steps you need to take to modify a custody agreement in NC.

1. Review the Original Custody Agreement

The first step in modifying a custody agreement in NC is to review the original agreement. This will give you an understanding of the terms and conditions that were previously established and can help you determine if any changes are necessary. You should also make note of any specific language or clauses that may affect your ability to modify the agreement.

2. Determine if a Modification is Necessary

Before you initiate the modification process, you must determine if there is a valid reason to modify the custody agreement. In NC, a court will only modify a custody agreement if there has been a substantial change in circumstances since the original agreement was established. This may include a change in the child`s living arrangements, a change in the parent`s employment or health status, or a change in the child`s needs.

3. File a Motion for Modification

Once you have determined that a modification is necessary, you will need to file a motion with the court. This can be done by submitting a form to the Clerk of Court or through the assistance of a family law attorney. Your motion should include a detailed explanation of the changes in circumstances and why a modification is needed.

4. Attend a Hearing

After you file your motion, a hearing will be scheduled where both parties will have the opportunity to present their case. At the hearing, you will need to provide evidence to support your request for modification, such as statements from witnesses or medical records. The judge will then make a determination based on the evidence presented.

5. Obtain a New Custody Order

If the judge approves your motion for modification, a new custody order will be issued. This order will outline the new terms and conditions of the custody agreement and will be legally binding. It is important to carefully review the new order to ensure that it accurately reflects the changes that were agreed upon.

In conclusion, modifying a custody agreement in NC can be a complex process that requires careful consideration and planning. By following the steps outlined in this article, you can increase your chances of successfully modifying a custody agreement and ensuring the best interests of the child are met. If you are unsure about how to proceed, it is recommended to consult with a family law attorney to guide you through the process.