Existing child custody orders in North Carolina, whether by consent or after trial, may be modified, subject to a finding of a substantial change in circumstances affecting the best interests and welfare of children… not the parent.
The moving party, seeking the modification of child custody, is not required to prove the change in circumstances was bad for the child or had an “adverse effect” on the children. It need not be something negative; beneficial changes may be relevant to the child’s welfare and best interests.
While allegations of adversity regarding the child or children are acceptable for the Court to consider, proof that the change in circumstances would be beneficial to the child or is likely to be beneficial to the child may also be the legal basis for a modification in child custody in Charlotte, North Carolina. (See: Shipman v. Shipman 2003 NC Court of Appeals)