Modifying a Custody Order
If a party wants to change a prior custody or visitation order, the party may file a motion to modify custody or visitation. To prevail, the party must show the court that there has been a substantial change in circumstances which affects the welfare of the child and that modification of the order is in “the best interests of the child.” The help of an experienced Raleigh Modification and Enforcement Lawyer is also highly recommended.
A court order providing for the custody or visitation of a child is enforceable through contempt proceedings. This rule applies as well to custody and visitation provisions in a separation agreement that has been incorporated into a later divorce decree. A party moving for contempt must show the court that the opposing party willfully violated the order and had the present ability to comply with the order.