North Carolina law does not provide preferential treatment to both parents in custody disputes, unless there are compelling reasons to do so. The court always considers the best interests of the child in granting custody of the children. Many court decisions in a custody order or aspects of it may be changed by amendments as a result of the judgment, although the earlier order was final (usually referred to as permanent Custody Order). When introducing an amendment, there are two requirements that the court seeks: (1) They must demonstrate a „substantial change in circumstances“ and (2) that the amendment is good for the child. But what is a „substantial change in circumstances“ in general? Well, that means you have to show that the current detention situation has changed so much since the first custody decision that you have to change the first order. This can be very difficult to demonstrate, as the circumstances of the parties have often not changed sufficiently to meet this requirement. At the time of the divorce, Carol and Friedrich were both granted custody orders. Both parents had shared custody and Frederick had physical custody of the boys. Frederick and the boys lived with Frederick`s grandmother in North Carolina until August 1994.
In 1994, a man named Tim Tipton moved into the house and the grandmother moved out. Some courts have previously held that when one parent intervened in the other parent`s legal visit, that parent had no respect for the authority of the court, which led the court to question their ability to custody. On this basis, any type of interference by a parent in the visit of his child with the other parent is sufficient to ask the court to amend the current custody order without having to prove that the child is injured. Friedrich then appealed the court`s decision to the Court of Appeal. The Court of Appeal did not accept the court and set aside its decision to give Carol custody of the boys. Carol then appealed to the Supreme Court of North Carolina, where the Court of Appeals decision was overturned. This meant that the original court order remained in effect. If a custodial custody order is already in place, parties seeking a change in custody rights must provide the court with evidence of substantial changes and substantial changes in circumstances.
If the court is satisfied with such a change in circumstances, it may consider such a change to be the happiest interest of the child. This process discourages frequent changes that can have negative effects on the child. However, the procedure contains complex sentences of the rule that govern the modification of custody of children. The difficulty then begins with the planning of the case both for mediation (now prescribed by law in North Carolina) and for an ultimate procedure (or „hearing“) on issues related to conservatory conservation.