Frequently Asked Questions
We know family law can feel overwhelming—and sometimes, just getting clear answers makes all the difference. Below you’ll find thoughtful responses to the questions we hear most often, designed to help you feel informed, prepared, and empowered as you move forward.
Can I modify a child custody order after the holidays in Mecklenburg County?
Yes, you can modify a child custody order after the holidays in Mecklenburg County, NC, if certain conditions are met. Here’s an overview of the process:
1. Grounds for Modification
- To modify a custody order, you must prove a substantial change in circumstances that affects the child’s welfare. Common reasons include:
- A parent relocating.
- A change in the child’s needs or preferences.
- Evidence of abuse, neglect, or unsafe living conditions.
- A parent’s inability to comply with the current order.
2. Filing a Motion to Modify Custody
- File a Motion to Modify Custody with the Mecklenburg County Clerk of Court.
- Include details about the substantial change in circumstances and why a modification is in the child’s best interest.
3. Serve the Other Parent
- Provide the other parent with a copy of the motion. This can be done through:
- Certified Mail with a return receipt.
- Sheriff’s Office for personal delivery.
4. Attend Mediation
- In North Carolina, parents are often required to attend court-ordered custody mediation before proceeding to a hearing.
- Mediation allows both parties to negotiate changes to the custody agreement without going to court.
5. Court Hearing
- If mediation fails or is waived, the case will proceed to a court hearing.
- During the hearing, both parties can present evidence and arguments supporting their claims.
6. Judge’s Decision
- The judge will determine whether the requested modification serves the child’s best interests.
- If approved, a new custody order will be issued.
Still have questions or need advice tailored to your situation?
We’re here to help—reach out today to schedule a consultation.
We’re Here When You Need Us
Family law challenges can feel overwhelming, but you don’t have to face them alone. Let’s talk. Reach out today, and let’s take the next step together.
