Can I modify the custody order for the holidays?

On Behalf of | Sep 29, 2021 | Child Custody

It’s almost time for the holidays, and there’s no one else you’d rather spend them with than your child. If your child’s current custody order doesn’t give you much time with your kid during those special days, you may be wondering if there’s anything you can do to change it. Fortunately, you can modify your child’s custody order in New Carolina. However, the court will only make the change if it is in your child’s best interests.

An unfair schedule

Your current custody order or parenting agreement must detail which holidays you have the right to spend with your child. You may have agreed with your ex to set the schedule, but the court often sets it when the parents cannot reach common ground. However, you can ask the court to modify the order if you believe that the existing one is unfair to you.

Modifying the order

In North Carolina, you can file a motion to modify your child’s custody order. However, the court won’t change it just because you ask them to. To change the order, you must prove to the court that there has been a substantial change in your circumstances and that the existing order negatively affects your child. For example, you may be able to change the order if the relationship you have with your child has significantly improved and, as a result, your child is suffering because you can’t spend as much time with them during the holidays.

Your right to fight for your child

You must know that modifying the order to spend more time with your child during the holidays may not be easy. Still, it is possible if there has been a change in your circumstances. You may also want to consider talking about it with your ex, as the court may grant the modification easier if both of you agree on it. However, you don’t need your ex’s approval to modify the order. It is your child also, and you have the right to fight for them in court.

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