How do I revise a parenting plan that was filed by agreement but is not a court custody order? – North Carolina

Short Answer

In North Carolina, a parenting plan that was signed and “filed” by agreement but never entered as a court custody order can usually be revised the same way it was created: by a new written, signed agreement. The practical problem is enforceability—if the plan is not a court order, a judge generally cannot hold either parent in contempt for violating it. If the parents want the revised plan to be enforceable, the usual next step is to open (or use) a custody case and ask the court to enter the revised plan as a consent custody order.

Understanding the Problem

In North Carolina family law, the key question is: can parents change a parenting schedule that exists only as a private agreement (even if it was “filed” somewhere) rather than a court-entered custody order? This situation often comes up when parents cooperated at first, signed a plan, and later need to adjust exchanges, holidays, decision-making, or communication rules as the child grows. The decision point is whether the goal is simply to update the agreement between the parents, or to turn the revised plan into something a judge can enforce as a custody order.

Apply the Law

North Carolina recognizes that parents can make written custody and visitation agreements. But a private parenting plan is not the same thing as a custody order signed by a District Court judge and filed in a custody case. That difference matters because court enforcement tools (like contempt) generally apply to court orders, not private agreements. If both parents agree to changes, they can usually revise the plan in writing. If they do not agree, the parent seeking a change typically must file (or already have) a custody action in District Court and ask the court to enter an order that sets custody/visitation terms based on the child’s best interests.

Key Requirements

  • Clear written revision: The revised parenting plan should be in writing, dated, and signed by both parents, with the old plan clearly replaced or amended so there is no confusion about what rules apply.
  • Enforceability decision: If the parents want court enforcement, the revised plan must be presented to the District Court in a custody case and entered as a consent custody order signed by a judge.
  • Proper court process if no agreement: If one parent will not sign, the other parent generally must start (or continue) a custody case and request a custody order; the court focuses on the child’s best interests and will require proper notice and an opportunity to be heard.

What the Statutes Say

  • N.C. Gen. Stat. § 50A-362 (Modification of agreement) – In the military deployment context, North Carolina expressly allows parents to modify a qualifying custody-responsibility agreement by mutual consent in a written, signed record; it illustrates the broader principle that written, signed modifications matter when parents are acting by agreement.

Analysis

Apply the Rule to the Facts: Here, the parents previously signed a parenting plan that was filed outside of court in North Carolina, but it was not entered as a custody order. If both parents agree to revisions, the most direct path is a new written, signed plan that clearly states the updated schedule and rules. If the goal is enforceability, the revised plan should be submitted in a North Carolina District Court custody case as a proposed consent order so a judge can sign it and make it a court order.

Process & Timing

  1. Who signs: both parents. Where: outside of court for a private revision, or North Carolina District Court (in the county with proper venue) for an enforceable consent custody order. What: a revised parenting plan that either (a) replaces the prior plan entirely or (b) states exactly what sections are amended. When: as soon as the need for change is identified, especially before a school-year, daycare change, or relocation-related schedule shift.
  2. If making it enforceable: open a custody case (or use an existing one), prepare a consent order that matches the revised plan, and file it for a judge’s signature; local scheduling and review time can vary by county.
  3. If there is no agreement: file a custody complaint and request temporary and/or permanent custody terms; the court may require mediation or parenting education depending on local rules and the case posture before a final order is entered.

Exceptions & Pitfalls

  • Assuming “filed” means “ordered”: A document can be signed and even kept in a file, but if a judge did not enter it as an order in a custody case, enforcement options may be limited.
  • Vague edits: Handwritten changes, text-message “agreements,” or unclear start dates often cause disputes. A clean, rewritten plan with a clear effective date reduces conflict.
  • Mixing custody and support: Parenting time changes do not automatically change child support. Support typically requires a separate court process through the proper forum.
  • Safety and confidentiality concerns: If there are safety issues, the plan may need structured exchanges, protected contact terms, or court protections rather than informal revisions.

Conclusion

In North Carolina, a parenting plan that exists only as an agreement (not a court custody order) can usually be revised by a new written plan signed by both parents. The main practical issue is enforcement: to make the revised plan enforceable like a custody order, the next step is to file a custody case in District Court (or use an existing one) and submit the revised plan as a consent custody order for a judge to sign as soon as possible.

Talk to a Family Law Attorney

If parents are dealing with revising a parenting plan that was signed by agreement but never entered as a court custody order, our firm has experienced attorneys who can help explain options, draft clear revisions, and discuss whether a consent custody order makes sense. 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.

Category: Family Law Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.