Motion to Modify Child Custody

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01ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Fax

Email *

02CASE INFORMATION

Case File Number *

Court County *

Date of Original Custody Order *

Division

Plaintiff (Full Name) *

Defendant (Full Name) *

03MOVING PARTY

This Motion is Filed By

04MINOR CHILDREN SUBJECT TO ORDER

Child's Current School (primary child, if applicable)

05GROUNDS FOR MODIFICATION — SUBSTANTIAL CHANGE OF CIRCUMSTANCES

Select all grounds that apply. At least one is required.

Relocation — a parent has relocated or intends to relocate in a way that materially affects the current custody arrangement

New abuse or neglect — evidence of abuse, neglect, or endangerment of the child(ren) since the last order

Child's changing needs — the child's developmental, educational, medical, or emotional needs have changed significantly

Parent's work schedule change — a substantial change in a parent's employment or availability affecting the child's care

Parent's substance abuse — a parent has developed or resumed a substance abuse problem affecting the child's safety or welfare

Other substantial change in circumstances (describe below)

Describe Other Substantial Change *

Full Description of Changed Circumstances *

06PROPOSED NEW CUSTODY ARRANGEMENT

Proposed Custody Arrangement *

SELECTED COUNTY

— Select above —

Connect cLAWde to load any existing custody matter from Clio instantly — parties, file number, and county pre-filled.

Must show a substantial change in circumstances affecting the welfare of the child since the last order — without this, the motion will be dismissed
The Court will then apply the best interest of the child standard when determining any modification
If there is no substantial change, the prior order stands regardless of what either parent wants
Emergency modification is available when a child faces immediate danger — contact the courthouse and file an ex parte motion immediately
Both parents must be served with the motion before any hearing

G.S. 50-13.7Modification of custody

G.S. 50-13.2Best interest standard

G.S. 50-13.5(d)(3)Emergency custody

Pulliam v. SmithSubstantial change test