For many Asheville couples, reaching an uncontested divorce with a well-drafted parenting plan feels like the finish line. You’ve done the hard work of negotiating custody, visitation, and decision-making responsibilities without courtroom battles. But life doesn’t stop evolving when the ink dries. Children grow, jobs change, families relocate, and schedules shift. When those changes impact parenting arrangements, the question becomes: can a parenting plan be changed after an Asheville uncontested divorce is final?
The answer is yes—but not automatically. Modifying a custody agreement after a divorce requires meeting specific legal standards under North Carolina law. It also depends on whether your original parenting plan was incorporated into a court order, how much has changed since the last order, and whether the proposed modification is in the best interest of the child.
This blog explores everything Asheville parents need to know about modifying a custody agreement or parenting plan after divorce. From the legal criteria to filing procedures, common pitfalls, and strategic considerations, this guide will walk you through the process step-by-step. Whether you’re seeking more time with your child or responding to a request from your co-parent, an experienced Asheville divorce lawyer can help you navigate the process with confidence.
What Is a Parenting Plan in North Carolina?
A parenting plan is a written document that outlines how divorced or separated parents will raise their children. In Asheville uncontested divorces, parenting plans are often included in a separation agreement and later incorporated into the final divorce decree.
A comprehensive parenting plan typically includes:
- Physical custody (where the child lives)
- Legal custody (decision-making authority)
- Parenting time schedules (holidays, vacations, weekends)
- Transportation and exchange arrangements
- Communication rules between parents and children
- Relocation provisions
- Dispute resolution processes
In uncontested divorces, the parenting plan reflects mutual agreement. But once incorporated into a court order, it becomes legally enforceable.
Can a Parenting Plan Be Modified After Divorce?
Yes. North Carolina law allows custody and parenting time arrangements to be modified after a divorce, but only under specific conditions. The court will not change a parenting plan just because one parent wants a different arrangement. There must be:
- A substantial change in circumstances affecting the child or parents; and
- Proof that the proposed modification is in the best interest of the child
This applies whether your original parenting plan was part of a separation agreement, incorporated into a divorce judgment, or the result of a custody order entered at a later date.
An Asheville divorce lawyer can help evaluate whether your situation meets the legal standard and what steps to take if it does.
Understanding the Legal Standard for Custody Modification
Under N.C. Gen. Stat. § 50-13.7, courts may modify a prior custody order only when there has been a substantial change in circumstances since the order was entered. The parent seeking modification bears the burden of proving:
- That a substantial change has occurred; and
- That the change justifies altering the existing custody arrangement to serve the child’s best interests
This is a two-part test. Even if a substantial change is proven, the court will not modify custody unless doing so clearly benefits the child.
What qualifies as a substantial change? It depends on the facts. Common examples include:
- Relocation of one parent
- Change in work schedule
- Significant changes in the child’s needs (medical, academic, emotional)
- Abuse or neglect
- Parental alienation
- Substance abuse
- One parent’s remarriage or cohabitation
- Failure to follow the current order
Some changes may appear minor but can still impact a child’s well-being. That’s why working with an Asheville divorce lawyer is crucial in building a persuasive case or defending against one.
Does It Matter Whether the Parenting Plan Was Incorporated?
Yes. In an uncontested Asheville divorce, parents may agree to a parenting plan in two primary ways:
1. Incorporated Parenting Plan
If the parenting plan was incorporated into the divorce judgment or custody order, it is enforceable as a court order. Modifying it requires a formal motion and court approval.
2. Unincorporated Parenting Plan
If the parenting plan was in a separation agreement but not incorporated into a court order, it is treated as a contract. In this case, a parent may file for custody and request a different arrangement without showing a substantial change. However, the judge will still consider the existing agreement as persuasive evidence of the parties’ intentions.
An Asheville divorce lawyer can help determine whether your parenting plan is incorporated and what legal standard applies to modification.
What Is the Process for Modifying a Parenting Plan in Asheville?
The process to modify custody or parenting time generally follows these steps:
1. Consult with an Asheville Divorce Lawyer
Before taking legal action, consult with counsel to assess whether you meet the legal threshold. A lawyer can review the current order, analyze the facts, and outline your options.
2. File a Motion to Modify Custody
The parent seeking modification must file a Motion to Modify Custody in the court that issued the original order. This includes:
- Case caption and file number
- Allegation of substantial change in circumstances
- Statement of the requested modification
- Supporting facts and proposed new arrangement
If the parties reside in Buncombe County, the motion should be filed with the Clerk of Court in Asheville.
3. Serve the Other Parent
The motion must be formally served on the other parent, who then has a chance to respond. If both parties agree on the changes, they can submit a consent order for the judge to sign.
4. Mediation (If Required)
North Carolina requires custody mediation unless waived. In Buncombe County, parents must attend a custody mediation session through the court’s Child Custody and Visitation Mediation Program unless there is a good cause to skip it (e.g., domestic violence).
5. Attend a Hearing (If Disputed)
If mediation fails or one party contests the request, the court will schedule a custody hearing. Both sides present evidence, witnesses, and testimony. The judge decides whether to modify the parenting plan based on the child’s best interests.
What If Both Parents Agree to the Change?
If the parents agree on the change, the process becomes much simpler. They can file a Consent Order Modifying Custody, which the judge can approve without a hearing.
The consent order should:
- Reference the original order or agreement
- Acknowledge the change in circumstances (optional but recommended)
- Specify the new custody arrangement
- Be signed and notarized by both parents
Judges typically approve consent orders that appear fair and serve the child’s best interests. However, it’s still advisable to work with an Asheville divorce lawyer to ensure the language is precise and enforceable.
What Factors Do Judges Consider When Deciding Custody Modifications?
When deciding whether to change a parenting plan, judges consider the “best interest of the child” standard. Factors include:
- Each parent’s home environment
- Parental work schedules and availability
- The child’s age, health, and school needs
- The child’s relationship with each parent
- The ability of each parent to cooperate and co-parent
- Any history of abuse or neglect
- Stability and continuity in the child’s life
- The child’s preference (if of sufficient age and maturity)
No single factor is determinative. The judge will evaluate the totality of the circumstances to determine whether a modification is justified.
Common Situations Where Parenting Plans Are Modified
Many families revisit custody and visitation plans as circumstances evolve. Here are common scenarios that may support a change:
1. Relocation of One Parent
If a parent moves to another city or state, existing schedules may become impractical. A court may revise the parenting plan to adjust for distance, travel time, and school disruption.
2. Change in Work Schedules
A parent’s new job may impact their availability. If a night shift or travel requirement limits parenting time, the other parent may request increased custody.
3. Child’s Educational or Medical Needs
If a child develops special needs, one parent may be better suited to provide care. Courts may consider modifying custody to address the child’s evolving needs.
4. Noncompliance With the Existing Order
If one parent consistently fails to follow the current order—e.g., missed pickups, denied visitation—the other parent may seek enforcement or modification.
5. Child’s Preference
Older children may express a desire to live with a different parent. While not controlling, courts may consider this factor if the child demonstrates maturity.
What Happens If a Parent Violates the Parenting Plan?
If a parent violates a court-ordered parenting plan, the other parent can file a motion for contempt. Potential remedies include:
- Make-up parenting time
- Fines or attorney’s fees
- Modification of custody
- Jail time in extreme cases
Contempt proceedings are serious. Repeated violations may lead a judge to revise the custody order in favor of the compliant parent.
If the parenting plan is only in a private separation agreement, the remedy is typically a breach of contract claim. However, parents can convert such agreements into enforceable court orders by requesting incorporation.
Tips for Avoiding Custody Modification Disputes
- Be Specific in Your Parenting Plan
Avoid vague language like “reasonable visitation.” Spell out exact times, dates, and conditions. - Maintain Open Communication
Minor disagreements can escalate when parents stop talking. Document major decisions but strive for flexibility. - Follow the Current Order
Unless changed by agreement or court order, the existing parenting plan remains binding—even if one parent disagrees. - Document Changes in Circumstances
If you’re planning to seek a modification, keep records of any changes (e.g., job offer letters, medical reports, school performance, text communications). - Use Mediation for Minor Disputes
Many disagreements can be resolved outside of court with a neutral mediator.
Working With an Asheville Divorce Lawyer to Modify Custody
Even in amicable situations, custody modification is a legally complex process. A qualified Asheville divorce lawyer can:
- Evaluate whether your situation qualifies as a substantial change
- Help negotiate a new parenting plan
- Draft and file a consent order
- Represent you in court if necessary
- Ensure that your child’s best interests are protected
Whether you’re the parent seeking a change or responding to one, legal guidance can make the process smoother, faster, and more effective.
FAQ
Can I change my parenting plan after my Asheville divorce is final?
Yes, but only if there has been a substantial change in circumstances that affects the child’s well-being.
Do I need to go to court to change the plan?
Only if the parents cannot agree. If both agree, they can submit a consent order for approval.
What qualifies as a substantial change in circumstances?
Examples include relocation, job changes, remarriage, a child’s new needs, or one parent violating the order.
Can I modify a parenting plan that wasn’t incorporated into the divorce decree?
Yes. But you may need to file for an initial custody order instead of a modification.
Does my child get a say in the new custody plan?
Possibly. Judges may consider a child’s preference if the child is mature enough to express a reasonable opinion.
What if the other parent won’t cooperate with the new schedule?
You can seek court enforcement or file a motion to modify the custody order.
Can the court deny our agreed-upon change?
Yes, if the judge believes it’s not in the child’s best interest.
Do I need a lawyer to modify a parenting plan?
It’s not required, but an Asheville divorce lawyer can help you comply with legal standards and avoid mistakes.
What if I want to move out of state with my child?
You’ll likely need court approval if the move significantly affects the other parent’s custody rights.
Can I file for a change if I just want more time with my child?
Not unless there’s a substantial change in circumstances. The court requires more than personal preference.
The McKinney Law Group: Simple and Affordable Divorce Services in Asheville
A mutual agreement deserves a smooth legal process. We help Asheville clients complete uncontested divorces with minimal court time, flat fees, and no unnecessary delays.
Call 828-929-0642 or email [email protected] to schedule your consultation.