How to modify child custody and parenting time in North Carolina

Sources last checked 7 November 2026. Information only, not legal advice. This page rests on the text of North Carolina General Statutes 50-13.7 (modification), 50-13.2 (who is entitled to custody and the best-interest standard), 50-13.1 (custody proceedings and mediation) and 50A-202 (continuing jurisdiction), as published by the North Carolina General Assembly on ncleg.gov. North Carolina’s statutes use “custody” to include visitation unless a contrary intent is clear. Read what we could not confirm below.

North Carolina divorce kit Child custody in North Carolina Modifying child support and spousal support in North Carolina After your divorce: changing a support or custody order

The short version

North Carolina’s modification statute is short. Under G.S. 50-13.7(a), a custody order 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, subject to the jurisdiction rules in Chapter 50A. The statute sets no waiting period and says nothing more about what kind of change counts. The new order is then decided on the child’s best interest under G.S. 50-13.2(a), which asks what will “best promote the interest and welfare of the child”. The statute does not give a list of best-interest factors beyond domestic violence and safety, and it says no presumption applies between parents. For changing child support or spousal support instead, see modifying child support and spousal support in North Carolina.

What you must show to change custody

Changed circumstances, G.S. 50-13.7(a). The statute’s only stated threshold is “a showing of changed circumstances”. It applies to a motion in the cause, meaning a motion filed in the existing custody case rather than a new lawsuit.
Who may ask. The text allows a motion “by either party or anyone interested”. We did not read how courts apply “anyone interested” to non-parents.
No waiting period. The text says “at any time”. Unlike some states, the statute has no bar on filing soon after the last order.
Orders from another state. Under G.S. 50-13.7(b), a North Carolina court that gains jurisdiction over a child custody order from another state may, on a showing of changed circumstances, enter a new order that modifies or supersedes it. That is subject to G.S. 50A-201, 50A-202 and 50A-204.
What the statute leaves out. The words substantial and affecting the welfare of the child do not appear in G.S. 50-13.7. Those ideas come from court decisions, which we did not read. Do not assume a minor change is enough.

The best-interest standard, G.S. 50-13.2

Standard. A custody order must go to whoever “will best promote the interest and welfare of the child”, and the court considers all relevant factors.
Domestic violence and safety. The court must consider acts of domestic violence between the parties, the safety of the child and the safety of either party from domestic violence by the other. The order must include written findings of fact on these factors that support its best-interest determination.
No presumption between parents. The statute says “no presumption shall apply” as to which parent will better promote the child’s interest. Joint custody must be considered if either parent asks.
Relocation after violence. If a party is absent or relocates, with or without the children, because of an act of domestic violence, the statute says that cannot be weighed against that party in custody or visitation.
Types of order. An order may give joint custody to the parents, exclusive custody to one person or institution, or custody to two or more of them, with terms including visitation as will best promote the child’s interest and welfare.
Records. Unless a court orders otherwise, each parent has equal access to the child’s health, education and welfare records.
Video contact. The court may order visitation by electronic communication, but the statute says it may not replace face-to-face custody or visitation, and it may not be used to justify or support relocation by the custodial parent out of the immediate area or the State.
Deployment. In a case about a service member’s child, a parent’s past or possible future deployment cannot be the only basis for the best-interest decision.
Other conditions. The court may require a parent to abstain from alcohol, with continuous alcohol monitoring, as a condition of custody or visitation.

Which state’s court can change the order

Continuing jurisdiction, G.S. 50A-202. A North Carolina court that made the custody determination keeps “exclusive, continuing jurisdiction” until a court finds neither the child nor the parents have a significant connection with the State, or a court finds that the child and both parents no longer live here.
Practical point. If you or the other parent have moved since the order, check which state’s court still holds the case before you file. The Chapter 50A sections beyond 50A-202 are listed below as not read.

Mediation

Modification motions are covered. G.S. 50-13.1(b) says that where a custody mediation program has been established, a contested custody or visitation issue goes to mediation unless the court waives it, and that issues in “motions for modifications” are set for mediation too.
Money issues stay out. Alimony, child support and other economic issues may not be referred to this mediation.
Disclosures. A person starting a custody action must disclose in the pleadings certain listed convictions and any earlier grant or denial of custody of a minor child in any jurisdiction, under G.S. 50-13.1(a1).

Forms and filing

Statewide form. We did not read a North Carolina statewide form for a custody modification motion. Expect a motion in the cause, a supporting statement of the changed circumstances, and notice to the other parent.
Where to file. The motion is filed in the existing case. Ask the clerk of the court that entered your order about local forms, local rules, mediation scheduling and fees; see child custody in North Carolina.

What we could not confirm

Case law on the threshold. We read no North Carolina appellate decision, so we cannot say how courts define the changed circumstances that justify modification, whether the change must be substantial, whether it must affect the child’s welfare, or how that differs for a consent order versus a court-decided order.
Relocation. We found no North Carolina statute in the sections read that sets a notice process for a parent moving with the child. We cannot say how a move is treated or whether it counts as changed circumstances.
Other best-interest factors. G.S. 50-13.2 as read gives no factor list beyond domestic violence and safety. Courts may apply others, which we did not read.
Other statutes. We did not read G.S. 50A-201, 50A-204 or the rest of the Uniform Child-Custody Jurisdiction and Enforcement Act in Chapter 50A, G.S. 50-13.5 on procedure, G.S. 50-13.4 and the rules on attorney fees, or the parenting plan and parent education rules.
Forms, fees and procedure. We did not confirm a statewide form, filing fees, fee waivers, local rules or how mediation waivers work.

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