How to Modify a Custody Order in North Carolina

The standard

G.S. 50-13.7(a) provides that, subject to G.S. 50A-201, 50A-202, and 50A-204, an order for custody of a minor child may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party or anyone interested.

The Judicial Branch explains what that means in practice for a permanent order: your motion must allege, and you must prove in court, that there has been a substantial change in circumstances since the order was entered and that the changes are affecting the child in a way that requires the old order to be changed to serve the child’s best interests.

What you file

1. The motion. The statewide AOC-CV-634, Motion to Modify Custody (Rev. 4/15) is a one-page form. You list the date of the original custody order and any later modifying orders, and you state how circumstances have changed since the current order was entered. You file it in the same case, and the Judicial Branch says the motion should generally be filed in the court that made the original decision.
2. The certificate of service. The form includes a certificate showing how you served the motion on the other party: by hand, by mail, or by leaving it at the office of their attorney. Complete it and file the original with the clerk.
3. A cover sheet. Subsequent domestic filings use the AOC-CV-750, Domestic Civil Action Cover Sheet (Rev. 1/14), which has a code for Modification Of Custody (MCUS) and for Modification Of Visitation (MVIS).

A motion for custody in a pending action may be made on 10 days’ notice to the other parties and after compliance with G.S. 50A-205 (G.S. 50-13.5(d)(1)).

Mediation comes first

Issues that arise in motions for modification shall be set for mediation unless the court waives mediation under G.S. 50-13.1(c) (G.S. 50-13.1(b)). See the mediation guide for how the program works and when it can be waived.

When both parents agree

An agreement reached in custody mediation is put in writing, signed by each party, and submitted to the court. Unless the court finds good reason not to, it incorporates the agreement in a court order (G.S. 50-13.1(g)). The Judicial Branch notes that once a judge signs a parenting agreement, the parties cannot change it without additional court action.

Orders from other states

• A North Carolina court may not modify another state’s custody order unless North Carolina has jurisdiction to make an initial determination under G.S. 50A-201(a)(1) or (a)(2) and either the other state’s court decides it no longer has exclusive, continuing jurisdiction or that North Carolina is the more convenient forum, or a court finds that the child, the parents, and any person acting as a parent no longer live in the other state (G.S. 50A-203).
• To have a North Carolina court enforce or change an out-of-state order, the Judicial Branch says to begin by registering it, using the AOC-CV-660, Petition for Registration of Foreign Child Custody Order (Rev. 7/24). A person who wants to contest a registered order must request a hearing within 20 days after service of the notice of registration (G.S. 50A-305(d)).

Related requests

• Grandparents. Where custody has been decided, grandparents may seek custody or visitation by motion in the cause and a showing of changed circumstances under G.S. 50-13.7 (G.S. 50-13.5(j)).
• Child support. A support order may also be modified on a motion and a showing of changed circumstances, but past due payments generally cannot be changed (G.S. 50-13.7(a) and 50-13.10). See the child support guide.
• Moving. North Carolina’s custody statutes in Article 1 of Chapter 50 have no separate relocation notice procedure. See the relocation guide.

Primary sources

Statutes, rules, and forms change. Check the current version at the source before you file.

• G.S. 50-13.7, modification of order for support or custody
• G.S. 50-13.1, custody mediation of modification issues
• G.S. 50-13.5, procedure; notice of motions
• G.S. 50-13.10, past due child support vested
• G.S. 50A-203, jurisdiction to modify determination
• G.S. 50A-305, registration of child-custody determination
• AOC-CV-634, Motion to Modify Custody
• AOC-CV-660, Petition for Registration of Foreign Child Custody Order
• AOC-CV-750, Domestic Civil Action Cover Sheet
• North Carolina Judicial Branch, Child Custody help topic