Short Answer

In North Carolina, you ask the District Court to change the existing custody order by filing a motion to modify. You must show a substantial change in circumstances since the last order that affects the child’s welfare, and that giving custody/primary placement back to a parent is now in the child’s best interests. If the grandparent’s custody came from a juvenile (abuse/neglect/dependency) case, you may need to file in that case or under a transferred Chapter 50 order. A teenager’s wishes and any recantation can be considered but are not controlling.

Understanding the Problem

You want to know whether, in North Carolina, a parent can ask the court to change a custody order that placed a child with a grandparent, and what steps to take now that your teenager wants to recant an earlier coerced statement. This is a single decision about seeking a custody modification in District Court, and it turns on where the current order came from and whether circumstances have changed.

Apply the Law

North Carolina law distinguishes between custody orders entered in civil family court (Chapter 50) and orders entered in juvenile abuse/neglect/dependency court (Chapter 7B). If your current order is a Chapter 50 civil custody order awarding custody to a grandparent, you seek a modification by showing (1) a substantial change in circumstances since the last order, (2) that the change affects the child’s welfare, and (3) that modification serves the child’s best interests. If custody arose from a juvenile case (for example, guardianship with a grandparent under the juvenile code), you seek review or modification in that juvenile file unless the order was converted to a civil Chapter 50 custody order. A parent has a constitutional preference over a nonparent unless the parent was found unfit or acted inconsistently with parental responsibilities; addressing and remedying those concerns is central to modification. A mature child’s preference and a credible recantation can be evidence, but the judge decides based on best interests. The forum is District Court; timelines vary by county, and some civil custody cases go to mandatory custody mediation before a hearing.

Key Requirements

• Identify the current order’s source: Determine if the grandparent’s custody came from a Chapter 50 civil order or a Chapter 7B juvenile order (including any 7B-911 transfer to civil court).
• Substantial change affecting welfare: Show what has changed since the last order and how those changes impact the child’s well-being (safety, stability, schooling, health).
• Best interests of the child: Prove that the new custodial arrangement with the parent is now in the child’s best interests.
• Parental status addressed: If the prior order relied on findings of unfitness or inconsistent parental conduct, present evidence of rehabilitation and stability.
• Teen’s wishes handled properly: Present the teen’s views through appropriate testimony or in-camera interview procedures; the court may consider, but not be bound by, the teen’s preference or recantation.
• Correct forum and procedure: File a motion to modify in the existing civil case under Chapter 50, or a motion/review in the juvenile file if the juvenile case remains open.

What the Statutes Say

• North Carolina Gen. Stat. § 50-13.7 (Modification of custody orders) – Requires a substantial change in circumstances affecting the child before modifying a prior custody order.
• North Carolina Gen. Stat. § 50-13.2 (Best interests standard) – Directs courts to award custody based on the child’s best interests and safety.
• North Carolina Gen. Stat. § 7B-1000 (Modification of juvenile orders) – Allows the court to modify juvenile orders upon a proper showing.
• North Carolina Gen. Stat. § 7B-911 (Transfer of custody to civil order) – Explains how a juvenile custody arrangement can be entered as or converted to a Chapter 50 civil order.

Analysis

Apply the Rule to the Facts: Here, the child was placed with a grandparent after removal from an abusive home, and the teen now wants to recant a coerced statement. If the order is a civil Chapter 50 custody order, you will need to show what has changed since that order (for example, completion of treatment, stable housing, and the teen’s credible recantation) and how those changes improve the child’s welfare. If it is a juvenile guardianship or other juvenile order, seek review or modification in the juvenile case (or under the civil case if it was transferred) and present evidence that safety risks have been addressed and reunification is now in the child’s best interests.

Process & Timing

1. Who files: The parent. Where: Clerk of Superior Court, District Court Division in the county that issued the current order. What: File a Motion to Modify Child Custody (Chapter 50) in the existing case, or a Motion for Review/Modification (Chapter 7B) in the juvenile file; attach supporting affidavits and proposed order. For new civil actions, include a Civil Summons (AOC-CV-100) and a Domestic Civil Action Cover Sheet. When: After gathering proof of changed circumstances; there is no fixed waiting period, but earlier filing protects your position.
2. Serve all parties. If starting a new Chapter 50 action, use formal service of process; if filing a motion in an existing case, follow the court’s notice rules. Most civil custody cases go to court-connected custody mediation before a judge will hear the motion unless the court grants an exemption. Timelines vary by county.
3. Attend mediation (if required). If no agreement, the court holds an evidentiary hearing. The judge may consider the teen’s testimony or conduct an in-camera interview if appropriate. The court then enters a modified custody order if the legal standard is met.

Exceptions & Pitfalls

• Wrong forum: Filing a Chapter 50 motion when a juvenile case is still open can delay your request. Confirm whether the order is a juvenile order or a civil order (including any 7B-911 transfer).
• Insufficient change: Merely disagreeing with the earlier order is not enough. Tie each new fact to the child’s safety, stability, and welfare.
• Overreliance on the teen’s wishes: The court may consider a mature teen’s preference and recantation, but it needs corroborating evidence and will decide based on best interests.
• Notice and service missteps: Use proper service for new actions and proper notice for motions. Keep proof of service and follow local calendaring rules.
• Mediation issues: If mediation is required, request an exemption only when justified (e.g., safety). Otherwise, participate in good faith to avoid delays.

Talk to a Family Law Attorney

If you’re dealing with a grandparent custody order and want to seek a modification, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.