Short Answer

Yes. In North Carolina custody cases, a teenager may recant a prior statement and testify differently later. The judge decides what weight to give the recantation, may allow in‑camera (in chambers) questioning, and applies the Rules of Evidence. If custody is already ordered, you must seek a modification and show a substantial change in circumstances affecting the child’s welfare.

Understanding the Problem

North Carolina parents often ask: Can my teen change what they said about past abuse, and how does that affect custody? Here, a grandparent currently has custody after the child’s removal, and the teen now says a prior statement was coerced. You want to know whether the teen can recant, how the court hears from teens, and what steps and costs are involved to revisit custody.

Apply the Law

In North Carolina, custody decisions are made by a District Court judge based on the child’s best interests. The court can hear from a minor directly if the child is competent to testify, or the judge may interview the child in camera to reduce harm. If an existing custody order is in place, any change must be sought by a motion to modify and supported by evidence of a substantial change in circumstances since the last order that affects the child’s welfare. If there is (or was) an abuse/neglect juvenile case, the juvenile court may control when and how custody can be modified or transferred to a Chapter 50 custody order.

Key Requirements

• Competent testimony: The judge decides if the teen understands the duty to tell the truth and can testify; the Rules of Evidence apply.
• Child’s recantation as evidence: A teen may recant; the judge weighs credibility. Prior inconsistent statements can be used for impeachment and, in some circumstances, as substantive evidence if they meet evidentiary rules.
• In‑camera interview: On request, the judge may talk with the teen privately (often with a record and counsel input) to minimize trauma.
• Modification standard: To change an existing custody order, show a substantial change in circumstances since the last order that impacts the child’s welfare.
• Juvenile vs. Chapter 50 jurisdiction: If a juvenile (abuse/neglect) case is open, that court typically controls custody; after closure with a custody order, future changes occur under Chapter 50.
• Filing and notice: File in the county that issued the current order, follow local calendaring rules, and serve the other parties properly.

What the Statutes Say

• North Carolina Gen. Stat. § 50-13.2 (Custody orders) – Best interests standard; the court may consider all relevant factors for custody/visitation.
• North Carolina Gen. Stat. § 50-13.7 (Modification) – Allows modification of custody upon a substantial change affecting the child’s welfare.
• North Carolina Gen. Stat. § 7B-911 (Juvenile to Chapter 50 custody) – Permits a juvenile court to enter a Chapter 50 custody order when closing a juvenile case.
• North Carolina Rule of Evidence 601 (Competency) – Presumes witnesses are competent; the court assesses a child’s capacity to testify.

Analysis

Apply the Rule to the Facts: Because a grandparent has custody, determine whether a juvenile case is still open. If it is, seek relief in the juvenile file and ask the judge to hear from the teen (in camera if appropriate). If the juvenile case is closed and a Chapter 50 order exists, file a motion to modify under § 50‑13.7. The teen’s recantation, if credible and supported, can be part of a substantial change affecting welfare; the judge decides the weight of both the recantation and the earlier coerced statement.

Process & Timing

1. Who files: The parent seeking change. Where: District Court, in the county that entered the current custody order (or in the active juvenile case, if still open). What: Motion to Modify Child Custody (and, if needed, a motion requesting an in‑camera interview). Include a Notice of Hearing and serve all parties. When: File promptly after the change arises; there is no fixed deadline, but you must show events that occurred after the last order.
2. After filing, the case is calendared per local rules. The court may set temporary orders, mediation, or a status conference within weeks; a full hearing can take longer depending on county caseload and discovery.
3. At hearing, the judge receives testimony and exhibits, may interview the teen in camera, and then issues a written order with findings and the new custody terms, if modified.

Exceptions & Pitfalls

• If a juvenile (abuse/neglect) case is still open, the juvenile court typically retains control; do not file a separate Chapter 50 motion until the juvenile court closes or transfers custody.
• A teen’s preference is not controlling; the court considers it with maturity, consistency, and corroboration. Coaching or pressured statements can undermine credibility.
• Evidence traps: unrecorded hearsay about what the teen said may be limited. Ask the court for proper procedures (e.g., in‑camera interview) and be prepared to address prior inconsistent statements under the Rules of Evidence.
• Service and local rules matter. Follow county scheduling rules and ensure proper notice to all parties to avoid delays.
• Costs change. Review the current court cost schedule and, if needed, apply to proceed as indigent. See the North Carolina court costs publication and the Petition to Proceed as an Indigent form on the N.C. Judicial Branch website.

Talk to a Family Law Attorney

If you’re dealing with a teen who wants to recant a prior abuse statement and you need to revisit custody, 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.