Family Law – Child Custody– Parenting Agreement – Change in Circumstances – Custody Modification

Nordstrom v. Shaw (Lawyers Weekly No. 13-16-0074, 13 pp.) (Sanford L. Steelman, Jr., J.) Appealed from Wake County District Court. (Anna E. Worley, J.) N.C. App.

Holding:  Where one parent in a shared custody arrangement moves to another county, increasing her expenses and dramatically increasing the children’s commute to school, it is a substantial change in circumstances warranting a custody modification.

In this case, plaintiff moved from Wake County to Chapel Hill, causing a significant increase in her expenses.  Because, under the parenting agreement, the children were still attending school in Wake County, their commute increased to nearly two hours per day.  Plaintiff sought to have the children moved to the Chapel Hill School system. But the trial court found it in the best interests of the children to have them remain in the Wake County schools.  To shorten their commute, the custody agreement was modified so that the children spent more time per week with their father.

Affirmed.