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What is post-judgment modification?

For divorced couples in North Carolina, post-judgment modification is a change in child custody or support. You or your spouse could request a change in custody, but the court must decide if the request is in the best interest of your children. There are several instances in which a judge may alter your original agreement.

According to The Spruce, you may be eligible for a post-judgment modification in your favor if your former spouse is not respecting the court-appointed custody plan. If he or she regularly fails to return your kids to you at the appropriate time or disregards the timesharing schedule, you may benefit from seeking a modification. Additionally, a change in the agreement may become necessary if the custodial parent dies. If you or your former spouse moves, the courts may consider an alteration, especially if the increased distance makes regular transitions between households impractical or unnecessarily difficult for the children.

One important time in which you may seek modificiation is if you think your children are vulnerable to physical or severe emotional harm. If your children express to you that the other parent has abused them, you should take action immediately. Another possible indication of trouble is your children's reluctance to return to the other parent's home for no apparent reason.

Whatever the reason for seeking post-judgment modification, the courts will continually seek the best interests of your children, and they will investigate every argument before making a significant change. Since your children have probably already gone through a difficult transition as a result of the divorce, you should carefully consider your motives for seeking a change in the agreement before proceeding. This information is intended for educational purposes only, and should not be interpreted as legal advice.

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