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My child has academic woes. Can I modify the custody agreement?

On Behalf of | Jan 21, 2025 | Divorce

As a divorced parent, there is no greater concern than your child’s well-being. When academic struggles arise, it is natural to wonder if the current custody arrangement is impacting their performance. Can you modify the agreement to better support your child’s educational needs?

Courts will prioritize what is best for the child in all custody decisions

If you are pursuing modifications to the custody agreement due to your child’s academic struggles, the court will first examine various factors, including:

  • The child’s current academic performance
  • The reasons behind the academic struggles
  • The parents’ ability to support the child’s education
  • The potential benefits of a custody modification

North Carolina law allows for custody modifications when a substantial change in circumstances affects the child’s welfare. Academic difficulties could qualify as such a change, especially if they persist over time and impact the child’s overall well-being.

If your child is struggling with school, the court might change the custody schedule to help them have a more consistent study routine. They could also consider moving the child’s main home to the parent who lives nearer to school or tutoring resources. Also, the court might give one parent more control over education-related decisions.

Seeking modifications is a complex legal matter

Changing a custody agreement involves a legal process that demands thorough consideration and accurate documentation. You will need to file a motion with the court and present evidence supporting your request for modification.

Before taking legal action, try to communicate with your co-parent about your concerns. You might reach an agreement without court intervention, which can save time and reduce conflict. When modifications become necessary, seeking legal guidance is crucial to explore available options and ensure your child receives the support they need to thrive.

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