Can My New Beau Affect My Child Custody Arrangement?

Bringing a new partner into the picture can affect your child custody arrangement. Therefore, before you take this significant step, it is crucial to make sure that you have given it careful thought and consideration.

In Charlotte, courts always prioritize the child’s best interests, which means that if there are big changes, such as remarrying or moving in with a new partner, either you or your co-parent can request to modify the custody agreement.

How a new partner may impact a custody order

There are several different ways that a new partner may impact a custody order:

• The new partner is in the military: Marrying a servicemember may require you to move out of state. It may also mean living on base. In such a case, your co-parent may seek to modify the custody order so that he or she is granted physical custody so that your child remains in North Carolina, or because he or she doesn’t feel that a military base is the right environment for your child.
• The new partner has a criminal past: If your new partner has a criminal past, this could negatively impact your custody order. The reason for this is because your child must be in a safe environment, and depending on what type of charges are on your new partner’s record, the judge may determine that the child cannot be around or in the same environment as your new partner.
• The new partner is an addict: Another problem that may affect your custody order is if your new partner has an addiction. For example, if your ex-spouse finds out that your new partner has been drinking or doing drugs in front of your child or was given a DUI while your child was in the car with them, they can let the judge know about this and request a change in the custody order. Some addictions, such as smoking cigarettes, may not result in a change unless the child has a serious medical condition that can become worse around smoking. In this case, the judge would most likely update the agreement to state that all adults must go outside to smoke during your parenting time.
• The new partner needs to move for work or to take care of a sick family member: If your new partner gets a job in another city or state or needs to move to take care of a sick family member, you may be thinking about going with them. However, if you have a custody agreement in place, you will need to communicate with your ex-spouse about possibly modifying the agreement to ensure that you still get to see your child.
• The new partner is an abuser: If the new spouse physically or mentally abuses you or your child, your co-parent will likely request a emergency hearing and demand temporary custody while a judge reviews a more permanent request for modification.
• The new partner has a serious health condition: If your new partner has a serious health condition, it could affect your custody order if that condition affects the best interests of your child. For example, your co-parent may argue that your child has access to powerful medications, or that you are not actively parenting your child because of your new spouse’s needs.

What factors must be present to modify a child custody order in Charlotte?

According to North Carolina General Statute § 50-13.2, the judge develops a child custody order based on factors that “promote the interest and welfare of the child.” Some of the factors can include:

• Drug or alcohol abuse occurring at visits
• Domestic violence or abuse occurring at visits
• Horrible living conditions
• Unsafe or unstable environment
• Lack of a relationship or involvement with the child

If you need help modifying a child custody agreement or fighting against your ex-spouse who wants to modify the child custody agreement, the Charlotte family law attorneys at Epperson Law Group are here to legally assist you. We will sit down and listen to your concerns, help you navigate the complexities of these types of cases, and ensure that your rights and your child’s best interests remain prioritized. Please call our office or submit our contact form to schedule a case evaluation today. Our team is located in Charlotte, Concord, Weddington, and Boone for your convenience.