NC Supreme Court Holds Parental Conflict Can Qualify as a Change in Circumstances Justifying Child Custody Modification

Parenting plans that are established through child custody orders should be clear and reliable. However, life goes after a young person’s parents go their separate ways, and sometimes changes that occur justify a revision to the custody arrangements. North Carolina law permits modifications following a substantial change in circumstances affecting the child’s welfare. Modification requests are often linked to situations where one parents seeks to relocate, potentially threatening the other’s ability to see their son or daughter.

The North Carolina Supreme Court ruled on a case that asked whether a dispute over a father’s refusal to abide by parenting plan terms was sufficient to support a mother’s modification request. In Durbin v. Durbin, a divorced couple shared two sons, one of whom suffered from serious asthma. When the parents had disagreements over certain matters, the court appointed a parenting coordinator to determine what was in the best interests of the children.

Problems continued as the father rejected many of the coordinator’s decisions. This included his refusal to take the boy to therapy on multiple occasions, and failure to provide required medication. In response to a report from the coordinator and the father’s behavior at the court hearing, the trial court ruled that a substantial change in circumstances had occurred affecting the children’s welfare. Accordingly, the child custody order was modified to give the boys’ mother final decision-making authority on major decisions and primary physical custody.

Though the Court of Appeals agreed with the father’s contention that the conflict with his co-parent and the coordinator did not constitute the requisite substantial change in circumstances, the North Carolina Supreme Court rejected this line of reasoning and restored the modification. The decision notes that in high-conflict custody cases, a substantial change does not have to be a singular event, but can reflect a series of discrete events. Here, the justices cited the father’s refusal to comply with the coordinator’s direction that he maintain a medication log for the children, and his reluctance to bring his son to therapy during his custodial periods.

Given the Durbin decision, it is important to document instances where your co-parent does not comply with the terms of your custody order. Should the problems rise to the level where a modification to the parenting plan might be warranted, this evidence can support your argument that substantial change in circumstances affecting your child’s welfare has taken place.

The Moore Law Office, PLLC in Asheville advocates for North Carolina parents in a full range of child custody matters. Contact us by calling 828-258-8053 or use our online form to set an initial consultation.