Short Answer

North Carolina does not have a formal “motion to recant.” If a prior statement influenced a custody order, you typically file either (1) a motion to modify custody based on a substantial change in circumstances affecting the child, or (2) a Rule 60(b) motion for relief from the order if the statement was coerced or is newly discovered evidence. Which path you choose, and timing, depends on the age of the order and your evidence.

Understanding the Problem

You are a North Carolina parent asking how to undo the impact of a teenager’s coerced statement that helped lead to a grandparent having custody. You want to know what you can file in family court and what it may cost. The single decision point is how to bring the teen’s recantation before the judge so it can be considered in the custody case.

Apply the Law

In North Carolina, custody orders are entered in District Court and are governed by the child’s best interests. When a child later recants a statement that affected the order, the court can consider that new information through: (a) a motion to modify custody (showing a substantial change in circumstances affecting the child’s welfare), or (b) a motion under Rule 60(b) to set aside or obtain relief from the order (for newly discovered evidence or misconduct such as coercion). Rule 60(b)(2)–(3) motions have a hard one-year outer limit from entry of the order; modification motions have no fixed deadline but require a material change since the order. The judge decides whether and how to hear from the teen (including possible in‑camera interview) and what weight to give the recantation.

Key Requirements

• Pick the correct vehicle: Use a motion to modify custody for post‑order changes; use a Rule 60(b) motion if you seek relief from a recent order due to newly discovered evidence or coercion/fraud.
• Timeliness: Rule 60(b)(2)–(3) must be filed within a reasonable time, and no later than one year after the order; modification has no fixed deadline but needs a current, substantial change affecting the child.
• Evidence of recantation: Provide admissible proof (e.g., teen testimony, affidavit, corroboration from counselors, texts/emails) showing the prior statement was coerced and the change impacts the teen’s welfare.
• Forum and service: File in the existing District Court family case. Serve the motion on all parties per the civil rules for motions filed in the cause.
• Mediation and hearing: Many counties require custody mediation before a judge hears the dispute unless the court grants an exemption (e.g., safety concerns).
• Requested relief: Ask for the court to receive the teen’s updated account (including in‑camera if appropriate) and to modify or grant relief from the order consistent with the child’s best interests.

What the Statutes Say

• North Carolina Gen. Stat. § 50-13.7 (Modification of custody orders) – Allows changes to custody/visitation on a showing of substantial change affecting the child’s welfare.
• North Carolina Gen. Stat. § 50-13.2 (Custody; best interests) – Directs courts to award custody based on the child’s best interests and safety.
• North Carolina Gen. Stat. § 1A-1, Rule 60 (Relief from judgment) – Permits relief for newly discovered evidence or fraud/coercion, subject to time limits.
• North Carolina Gen. Stat. § 7A-305 (Court costs and fees) – Sets civil filing fees and authorizes cost schedules (amounts vary and change).

Analysis

Apply the Rule to the Facts: Because a grandparent currently has custody, your choices are: (1) file a motion to modify custody arguing a substantial change since the order—namely, the teen’s recantation and the impact on their welfare—or (2) if the order is recent, file a Rule 60(b) motion claiming newly discovered evidence and/or coercion. The court will weigh the teen’s updated account with any corroboration and decide whether the change serves the teen’s best interests.

Process & Timing

1. Who files: The parent. Where: Clerk of Superior Court, District Court Division (Family Court if your county has it) in the same case file. What: A written Motion to Modify Custody or a Rule 60(b) Motion for Relief (include a notice of hearing and proposed order). When: File promptly; Rule 60(b)(2)-(3) must be filed within one year of the order.
2. After filing, serve all parties under the civil rules. Obtain a hearing date from the family court coordinator or clerk. Expect referral to mandatory custody mediation unless the court grants an exemption for good cause (e.g., safety).
3. Prepare for the hearing: line up the teen’s testimony (or request an in‑camera interview), submit corroborating evidence, and propose specific custody terms. The judge will enter a written order granting or denying relief.

Exceptions & Pitfalls

• If the custody order arose from a juvenile abuse/neglect (Chapter 7B) case, you must seek relief in that juvenile file; procedures and timelines differ from Chapter 50 custody.
• Recantations are viewed cautiously; corroboration (counselor notes, messages, prior inconsistencies) can be critical.
• Mediation requirements vary by county; request an exemption early if mediation would be unsafe or futile.
• Service mistakes can derail your motion; in an existing case, serve motions in the cause per the civil rules; if no case exists, you must file a new custody action and serve with a summons.
• If a party is on active military duty, scheduling and default rules may be affected by military‑service protections; raise this with the court early.

Talk to a Family Law Attorney

If you’re dealing with a custody order that relied on a coerced statement and your teenager now wants to recant, 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.