Helping Clients Navigate A Course To A Better Future

How do I get more visitation rights in North Carolina?

On Behalf of | Mar 15, 2022 | Child Custody

In general, North Carolina allows co-parents to determine their custody arrangement on their own. Arrangements do not always have to go through court. However, if you were not able to find a suitable custody arrangement through mediation, you may have gone to let the judge decide. If you were mandated visitation — instead of shared custody — you may be wondering if you are able to receive more visitation rights in the future. 

You can file a Motion to Modify in court if you wish to change your custody arrangement. Unless your previous custody case was dismissed, you are typically not able to file a new case. Instead, you can file a Motion to Modify in the same court that decided your custody case originally.

What do judges consider when they hear a custody modification request?

Similar to your original custody case, judges will consider a variety of factors if your motion is brought to court. The judge may consider factors including, but not limited to, the following:

  • The stability of the child’s current situation with the parent who has primary custody
  • The child’s preference
  • Whether the child is visibly stressed with their current arrangement
  • The child’s physical health
  • The child’s emotional health
  • The child’s age and specific needs
  • Whether the parent with primary custody has attempted to alienate the child from the other parent
  • Any abuse the child may have experienced or witnessed

What else should I consider before filing?

North Carolina requires a number of steps to properly file a Motion to Modify, including mediation and notification of your intent to file the motion to the other party. To ensure your case is not dismissed, it is important to be aware of all steps and to file in a timely manner. Understanding all relevant steps in the process is crucial to changing your custody arrangement.

Client Testimonials

A Wonderful Experience

I had a wonderful experience with Kennedy Law Associates. Marsha Kennedy and her Associates were knowledgeable, efficient, and caring. I felt like my case was a high priority to them, and they helped me understand every step of the divorce process throughout my entire case. I would highly recommend this firm to anyone looking for assistance with a family law matter!
Jennifer Haines

Smart, Caring Staff

I am savvy financially, but had no clue about the divorce process. Through it all, Ms. Kennedy and her staff have been there for me and my kids.

The experience you need through a difficult time

Marsha Kennedy and her team has expertly handled each situation and guided me through the process.

Highly Recommend!

Kennedy Family Law did a wonderful job representing me in my divorce. Always responsive and kept me informed – they really cared about me.
Bette Frederick

Highly Recommend!

I have been working with Marsha Kennedy and her team and am so impressed with how my case is being handled.
Kelly Peterson
FindLaw Network