Ability to modify a custody order in NC

[LilBean2010]

What is the name of your state (only U.S. law)? NC

I am seeking information on the modification of a consent custody order in NC.

Parents originally agreed to the terms of the order (shared equal custody) and signed the consent order with parenting time "as mutually agreed."

It was my understanding the order could be modified by showing a change in circumstances however researching, it looks like it has to be a material change in circumstances materially affecting the well being of the child.

https://civil.sog.unc.edu/tweaking-of-custody-orders-not-allowed/

Is that accurate?

If so, do the same rules of modification apply to consent orders?

What happens when the schedule is as mutually agreed, or the parents no longer agree where the child should attend school?

 

[LdiJ]

What is the name of your state (only U.S. law)? NC

I am seeking information on the modification of a consent custody order in NC.

Parents originally agreed to the terms of the order (shared equal custody) and signed the consent order with parenting time "as mutually agreed."

It was my understanding the order could be modified by showing a change in circumstances however researching, it looks like it has to be a material change in circumstances materially affecting the well being of the child.

https://civil.sog.unc.edu/tweaking-of-custody-orders-not-allowed/

Is that accurate?

If so, do the same rules of modification apply to consent orders?

What happens when the schedule is as mutually agreed, or the parents no longer agree where the child should attend school?

If the parents cannot agree on a schedule or where the child should attend school that is a material change in circumstance that merits taking it back to court to get a judge to decide the parenting schedule and where the child will be attending school.

I will tell you, that if the parents have not been exercising a true 50/50 timeshare, then the parent with whom the child has been spending the most time is likely going to prevail on where the child attends school.

 

[LilBean2010]

The child is presently in school in my district. He is approaching second grade and is doing very well. While we share 50/50 on paper, kiddo has always spent a bit more time at my home. Usually a few weeks to a month a year. Additionally my home is designated as primary residential for school and legal purposes.

Our schools are being re-zoned due to building a new elementary school and our neighborhood was put into the "new" zone. The change in zoning adds about 10 miles to the distance between dads home and school, making the total drivetime for school an hour each way. Previously it was about 45 minutes each way.

Dad believes rezoning should constsitute a change in circumstances to warrant modifying so kiddo attends school in his district. For a variety of reasons, I disagree. The primary reason above all else is our son is established in this district, is thriving and a well adjusted student.

That may give a bit more information about our specific situation.

 

[HRZ]

Personal view...a mere rezone of an existing school placement to a new building that adds say 15 minutes to one parents drive time is not a material change in circumstances ...but Dad is free to advocate it is to the judge, in which case I strongly suggest you use counsel to advocate your point of view and any of your points that have weight in legal context...

PErsoanlly I might have God records to back up that kiddo spends a comfortable margin over 50% at my home .


BTW , you didn't mention, but is there any factual 3d party review that his specific elementary school is ranked much better than the current one ..alert your attorney and let him or her handle it is such is buried in DAds points .

 

[Just Blue]

What is the name of your state (only U.S. law)? NC

I am seeking information on the modification of a consent custody order in NC.

Parents originally agreed to the terms of the order (shared equal custody) and signed the consent order with parenting time "as mutually agreed."

It was my understanding the order could be modified by showing a change in circumstances however researching, it looks like it has to be a material change in circumstances materially affecting the well being of the child.

https://civil.sog.unc.edu/tweaking-of-custody-orders-not-allowed/

Is that accurate?

If so, do the same rules of modification apply to consent orders?

What happens when the schedule is as mutually agreed, or the parents no longer agree where the child should attend school?

Didn't you have another thread back in Feb?

 

[stealth2]

BTW , you didn't mention, but is there any factual 3d party review that his specific elementary school is ranked much better than the current one

Likely irrelevant. A judge really can't advocate for one school district over another - as long as both are accredited. And the rankings don't mean as much as we'd like them to - "better" than what? For whom? How? A "better" school for Child A may be the wrong school for Child B, while a "worse" school offers what child B needs, but not Child A. Rankings don't, and can't, address those differences.

 

[LdiJ]

The child is presently in school in my district. He is approaching second grade and is doing very well. While we share 50/50 on paper, kiddo has always spent a bit more time at my home. Usually a few weeks to a month a year. Additionally my home is designated as primary residential for school and legal purposes.

Our schools are being re-zoned due to building a new elementary school and our neighborhood was put into the "new" zone. The change in zoning adds about 10 miles to the distance between dads home and school, making the total drivetime for school an hour each way. Previously it was about 45 minutes each way.

Dad believes rezoning should constsitute a change in circumstances to warrant modifying so kiddo attends school in his district. For a variety of reasons, I disagree. The primary reason above all else is our son is established in this district, is thriving and a well adjusted student.

That may give a bit more information about our specific situation.

Based on that, I do not think that the odds are in dad's favor to get a change of school district, to his district. However, if there is any option within your school district, for your son to either stay in his current school or move to another school in the district that would lessen dad's drive time, that might be something a judge would order.

Who created the distance between the two homes to start with?

 

[LilBean2010]

Thank you for the replies. As far as another post, no I haven't posted here in several years. Maybe 2 or 3? I have posting history from when I was pregnant with kiddo and when he was younger but for the life of me I can't remember the login information.

We have always lived 35+ miles apart. We lived in the middle in the city when we were together and once we broke up, he moved north to his parents home and I moved south because it's the only way I could continue to afford to live on my own. I have moved one additional time since then, but it made us a bit closer geographically.

As far as school ratings, if you go based on online reviews, his district is rated 6, mine is 7. The specific school kiddo would attend in dads district is rated as 2 for student progress on standardized tests, whatever that is worth.

 

[LilBean2010]

There is not an option for a variance in attendance as we have been told, they are trying to relieve severe over crowding in the schools.

 

[HRZ]

In that ranking it is unlikely that Dad is going to try to make it that his school is a whole lot better ...I'd not open any ranking debates...no points to win even if the state created the rankings

Status quo May be a point ...and while I doubt it comes up....but his redistricted school is probably a whole lot more of status quo as to friends, teachers, etc at school etc than is a total new district ?