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CONSENT MODIFICATION OF CHILD CUSTODY

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          Sometimes a legal assistance attorney must advise clients on the modification of child custody In North Carolina by consent.  This might be necessary when one parent becomes unable to take care of a child, is about join the military or move far away or is unwilling to retain custody because the child is undisciplined or unruly.  When both parties are in agreement, the law does not require lawyers for each side.  Usually a simple consensual modification of the prior order is all that is required, with the examples shown below.

Custody Modification Motion.  When child custody has previously been determined in a court order, the proper format for consent modification is first to move for modification, with a motion as follows:

....................................

          

The [Plaintiff/Defendant] hereby moves this court for a modification of child custody under G.S. 50-13.7, showing to the court that:

1.              In a prior order of this court, entered on [date] the [Plaintiff/Defendant] was awarded custody as follows:[here set out names, birthdates of children, terms of order, such as: Plaintiff received sole legal custody of Sally F. Brown, born 1/12/94, and Ira L. Brown, born 2/15/95.]

2.              Since entry of the prior order there has been a change of circumstances such as to justify a modification of child custody, namely: [here set out reason for modification, such as one parent's job demands or the child's unruly behavior, such as: The two minor children have become unmanageable and the Plaintiff and Defendant have agreed that they should live with Defendant].

          WHEREFORE [Plaintiff/Defendant] prays that this court enter an order for transfer of custody and such other relief as is just and proper.

                                          
[Typed Name][Plaintiff/Defendant]
PRO SE
[Address]
[Telephone Number]

Date:                                            

Consent Order for Modification of Custody.  After filing the above motion, the parties should execute a consent order in substance as below:

..............................................

                     

           THIS CAUSE was heard before the undersigned District Court Judge on the motion of [Plaintiff/Defendant] for modification of child custody.  It was made to appear to the court that the parties had knowingly and voluntarily consented to the entry of this order, as shown by their signatures below.  The Court makes the following:

FINDINGS OF FACT:

          1.          In a prior order of this court, entered on [date] the [Plaintiff/Defendant] was awarded custody as follows:[here set out names, birthdates of children, terms of order, such as: Plaintiff received sole legal custody of Sally F. Brown, born 1/12/94, and Ira L. Brown, born 2/15/95.]

          2.          Since entry of the prior order there has been a change of circumstances such as to justify a modification of child custody, namely: [here set out reason for modification, such as one parent's job demands or the child's unruly behavior, such as: The two minor children have become unmanageable and the Plaintiff and Defendant have agreed that they should live with Defendant].

          3.          The terms of this order are fair, reasonable, adequate and necessary. 

CONCLUSIONS OF LAW

          1.          There has been a change of circumstances since entry of the last order for child custody herein.

          2.          The terms of this order are fair, reasonable, adequate, and necessary.

          3.          The parties are entitled to a modification of child custody as set out below.

DECREE

           IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that:

          1.          The custody of ____ shall be transferred to the [Plaintiff/Defendant] as follows: [specify details of custody transfer and visitation rights].

          2.          This change shall be effective as of [date].

___________________________________    
DISTRICT COURT JUDGE PRESIDING

Date: ______________________________

WE HAVE READ THE ABOVE AND CONSENT TO IT:

_____________________________    
PLAINTIFF           

_____________________________ 
DEFENDANT

 [rev. 5/18/00]

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