Short Answer

In North Carolina, you cannot erase a past statement, but you can ask the District Court to reconsider custody based on new, credible evidence that your child’s earlier statement was coerced. If the abuse/neglect case is still open, you file a motion for review in the juvenile session. If the case is closed and custody is under a Chapter 50 order, you file a motion to modify custody. The court focuses on reliable proof and the child’s best interests.

Understanding the Problem

In North Carolina, can a parent ask the District Court to revisit custody because a teenager now says a prior statement—made when younger—was forced? Here, a grandparent holds custody after the child’s removal from an abusive home. The decision point is whether and how to bring this new information to the court so the judge can reassess custody or visitation.

Apply the Law

North Carolina courts do not “un-say” old statements, but they will consider new, credible evidence showing a material change since the original custody order. The main forum is the District Court: the juvenile session if an abuse/neglect/dependency case is still open, or the civil domestic docket if the juvenile matter has closed and the case proceeded under Chapter 50. For open juvenile cases, review and permanency hearings occur periodically; for Chapter 50 cases, you may move to modify at any time upon a substantial change in circumstances affecting the child.

Key Requirements

• Existing order: There is a current custody or placement order the court previously entered.
• Substantial change: New facts since the last order (e.g., credible proof the prior statement was coerced) that matter for custody.
• Impact on welfare: The change must affect the child’s well-being, safety, or stability.
• Best interests: Any change you request must serve the child’s best interests.
• Proper filing and notice: File the correct motion in the right division and serve all parties (including the current custodian; DSS/GAL if the juvenile case is still open).
• Supporting evidence: Provide sworn affidavits, records (therapy/school), and, where appropriate, ask for an in-camera interview or guardian ad litem.

What the Statutes Say

• North Carolina Gen. Stat. § 50-13.2 (Custody; best interests) – custody decisions must promote the child’s best interests.
• North Carolina Gen. Stat. § 50-13.7 (Modification of custody orders) – allows modification upon a substantial change affecting the child’s welfare.
• North Carolina Gen. Stat. § 7B-906.1 (Review and permanency planning hearings) – courts hold ongoing review hearings in open juvenile cases and may receive broad information about the child’s needs.

Analysis

Apply the Rule to the Facts: A teenager’s recantation, by itself, is not enough; the court needs reliable proof the earlier statement was coerced and that the new information affects the child’s welfare. If the juvenile case is still open, request a review so the judge can consider the teen’s sworn recantation and any corroboration (therapy notes, evaluator report). If the case is closed, move to modify custody under Chapter 50, arguing that the new evidence is a substantial change and a change in custody or visitation is now in the child’s best interests.

Process & Timing

1. Who files: The parent. Where: District Court in the county that entered the current order—juvenile session if the abuse/neglect case is open; otherwise the civil domestic docket. What: File a Motion for Review/Modification (juvenile) or a Motion to Modify Custody (Chapter 50) with a sworn affidavit and any supporting records. When: File promptly after discovering the coercion; open juvenile cases have periodic reviews (often at least every six months), and you can move sooner.
2. Serve the current custodian (and DSS/guardian ad litem if applicable). The court will schedule a hearing; you can request an in-camera interview of the teen and, where appropriate, appointment of a guardian ad litem or a therapeutic evaluator. Timing varies by county docket.
3. Attend the hearing. Present the teen’s sworn testimony (or in-camera statement), corroborating records, and witnesses. The court will issue a written order continuing, modifying, or otherwise adjusting custody/visitation and services.

Exceptions & Pitfalls

• Courts view recantations cautiously—corroboration (e.g., therapist notes, evaluator reports) is often critical.
• Filing in the wrong forum slows relief; verify whether the juvenile case is still open or closed.
• Do not coach or script the child; it undermines credibility and can backfire.
• Obey existing orders; do not contact the child or custodian in ways that violate the order or safety plans.
• Juvenile files are confidential; follow access rules and file sensitive materials under seal when required.
• Unsworn letters carry little weight; use sworn affidavits and admissible records.

Talk to a Family Law Attorney

If you’re dealing with a teenager who wants to recant a coerced statement and you need the court 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.