Life never stands still, and after a certain amount of time, your visitation schedule might become outdated. In North Carolina, either parent can petition a court to modify visitation. Parents can also work together to craft a new schedule that works for them. Call Remington & Dixon for help with your case. You might assume modifying visitation is easy, but problems arise when the other parent objects or both parents’ schedules are wildly out of sync. A Charlotte family lawyer can file the necessary paperwork and advocate for your interests in a court hearing. Contact us today.
How to Modify a Visitation Order in Charlotte, NC
There are steps you should follow to make the process go as smoothly as possible. We recommend the following approach:
1. Talk with the Other Parent about Modifying Visitation
Parents can reach an agreement between themselves. If the current visitation schedule does not work for the child, then the other parent should recognize that fact. Parents can hammer out a new visitation schedule and then submit it to the court for approval. Seeking court approval makes your agreement official and enforceable.
Before reaching out to the other parent, think about your ideal new visitation schedule. What works with your schedule? Also, keep in mind your child’s activities, including after-school activities.
2. Identify a Substantial Change in Circumstance
You do not need the other parent’s approval to seek a change. It’s helpful but not required. Instead, you can petition the court to modify visitation. However, you need to identify a substantial change in circumstances affecting the child’s well-being to support your request.
Judges are not eager to constantly revisit child custody, so North Carolina limits modification to situations where there has been a substantial change in circumstances. (N.C. Gen. Stat. § 50-13.7.) A substantial change might be:
- Changes to your work schedule that make it impossible to stick to the current visitation schedule
- Changes to your child’s after-school activities. For example, they might now participate in sports, which keeps them away on most evenings and weekends.
- Moving away from your child so now you cannot see them as often during the week.
3. File a Petition with the Court
You can find forms online or work with an attorney. A lawyer is a big help when trying to modify visitation. Remington & Dixon has handled many visitation modifications for our clients. We know where to file the paperwork and what evidence is helpful.
A note if your child lives out of state: You can only ask a North Carolina court to modify visitation if your child has lived in North Carolina for at least six months.
4. Serve Papers on the Other Parent
They have a chance to respond and fight the request to modify visitation. Our office can ensure the papers are served properly and fully documented.
5. Participate in Mediation
The courts usually like parents to work through their differences. The court will probably send you to mediation to talk about the dispute with a trained mediator. Although participation might be required, you are not obligated to accept any proposal put forward by the mediator. Mediation is voluntary in that respect.
To get the most out of mediation, you should try to remain flexible. A good mediator will propose solutions based on how they see the dispute. Don’t reject proposals in a knee-jerk fashion.
Some parents can work through their differences in mediation. When successful, you can draft a new visitation schedule and submit it to the judge for approval. Don’t skip this step. By having the schedule included in a judicial order, you make it binding on both parents.
6. Prepare for a Hearing if Mediation Falls Through
Mediation does not always succeed. Sometimes parents are too far apart on agreement on a new visitation schedule. Now it is time to involve the courts.
A judge will hold a hearing where both sides can present evidence. The objective is to convince a judge that your proposed schedule is in the child’s best interest.
Work with your lawyer to find helpful evidence. Some parents assume (wrongly) that what is best for them is best for a child. But that’s now how judges analyze these cases. Some judges are biased in favor of the status quo and will need substantial evidence to show that a modification is necessary.
7. Attend Your Hearing
The judge will issue a decision after receiving all the evidence. While a decision is typically announced at the end of the hearing, you might need to wait several days or weeks before a decision is handed down in some cases.
Although you might appeal if you are unhappy, appeals are rarely successful. Talk about options with your lawyer if you are unhappy with the result offered by the court.
Contact Our Charlotte, NC Family Lawyer for Help
Remington & Dixon, PLLC, is an established law firm in the Charlotte area. Our firm has tackled a variety of family law disputes, including those involving custody and visitation. We know how to modify a visitation order, and we can provide a frank opinion about the merits of your case. Contact us to schedule a private consultation with our attorney.
