AOC-CV-634: Motion to Modify Custody
Modify the order the court already signed - name what changed, then prove it with dated facts.
AOC-CV-634 is North Carolina's statewide Motion to Modify Custody. You use it when you need new custody terms in an existing case because circumstances have changed since the current order - not to open a first custody case. The PDF is statewide; filing, service, fees, and any local cover requirements are usually county-specific. If your strongest material is repeated missed exchanges under clear language, you may be closer to enforcement documentation than to a modification rewrite.
Official sources
- NC Judicial Branch form page (AOC-CV-634): https://www.nccourts.gov/documents/forms/motion-to-modify-custody
- AOC-CV-634 PDF (English, Rev. 4/15): https://www.nccourts.gov/assets/documents/forms/cv634-en.pdf?VersionId=jQjs4UiJHUYLql77lhqUq_H5yX9z6TzR
When to use AOC-CV-634
The form states that under G.S. 50-13.7 the moving party asks the court to modify the custody order originally entered and explains how circumstances have changed since the current order. Complete the Certificate of Service and file the original with the Clerk of Superior Court in the county where your case is pending. Counties may require additional local forms, mediation steps, or filing channels not listed on the statewide PDF - confirm locally with official court resources or counsel you hire.
County finish line
Confirm filing channel, fees, service, and any local cover or mediation requirements before you treat a download as filing-ready. County packets may list forms beyond AOC-CV-634 - those lists are local guidance, not statewide rules stated on the Judicial Branch form page.
Local rules and county lookup| Modification lane | Usually not this motion |
|---|---|
| Schedule, care, or home base shifted; old paragraphs cannot run the week. | Operative language is specific; misses repeat (build the log first). |
| You can name dates and neutral anchors for what changed. | You only have adjectives and old history without child-week impact. |
Filing strip
- 1Pull the order language you say no longer fits.
- 2List change facts with dates tied to school, housing, distance, or care.
- 3Draft proposed custody terms a stranger could administer.
- 4Call the clerk: confirm packet, copies, service, and portal path.
NC lane: NC custody modification overview
General support (not NC-specific): modification framing|evidence checklist|denied-time log
Organize your custody modification facts and evidence
MyCustodyCoach can help you gather dated change facts, order anchors, and exhibit ideas in one place before you complete AOC-CV-634 or talk with counsel. MCC does not file forms for you and is not a substitute for a lawyer.
Relevant North Carolina law
The statutes and appellate decisions below are the ones North Carolina courts actually apply here. Educational orientation only — not legal advice. Read the source before you rely on it.
Statutes
- N.C. Gen. Stat. § 50-13.2 — Who Entitled to Custody; Terms of Custody; Visitation
An order for custody must award the child to the person, agency, organization or institution that "will best promote the interest and welfare of the child," and the court must consider all relevant factors, including acts of domestic violence between the parties, the safety of the child, and the safety of either party from domestic violence by the other. The order must include written findings of fact reflecting consideration of each of these factors and supporting the best-interest determination. Between natural or adoptive parents no presumption applies as to who will better promote the child's interest and welfare, and joint custody must be considered on either parent's request. If the court finds domestic violence occurred, it must enter orders that best protect the children and the victim party, and a party's absence or relocation because of domestic violence may not weigh against that party in deciding custody or visitation. A custody order may be modified or vacated at any time on motion and a showing of changed circumstances (G.S. 50-13.7(a)), which the courts construe as a substantial change affecting the child's welfare.
- N.C. Gen. Stat. § 50-13.7 — Modification of Order for Child Support or Custody
An order of a North Carolina court for custody of a minor child may be modified or vacated at any time, upon a motion in the cause and a showing of changed circumstances by either party or anyone interested, subject to the UCCJEA jurisdiction provisions in G.S. 50A-201, 50A-202, and 50A-204. A child-support order may likewise be modified or vacated at any time upon a motion in the cause and a showing of changed circumstances, subject to the limitations of G.S. 50-13.10. When another state's court entered the custody or support order, a North Carolina court may, after gaining jurisdiction and upon a showing of changed circumstances, enter a new order that modifies or supersedes it. The statute does not itself say how significant the change must be, whether it must affect the child's welfare, or how the best interests of the child are weighed on modification.
Key cases
- Shipman v. Shipman, 357 N.C. 471 (2003)
A custody order between two natural parents may be modified only if the moving party shows a "substantial change of circumstances affecting the welfare of the child" (N.C. Gen. Stat. 50-13.7(a)); the change need not be adverse, because a change that is, or is likely to be, beneficial to the child may also warrant a change in custody. The trial court must first decide whether a substantial change occurred and whether it affected the child's welfare; if either answer is no, no modification can be ordered. If both are found, the court may modify only if it further concludes that a change in custody is in the child's best interests. Where the effect on the child is not self-evident (for example, a parent's move or cohabitation), there must be evidence directly linking the change to the child's welfare and findings of fact on that connection. The statute itself requires only 'changed circumstances'; the 'substantial change affecting the welfare of the child' standard is the Supreme Court's construction (Pulliam v. Smith, 348 N.C. 616 (1998)).
Related guides
More North Carolina forms
General support (not North Carolina-specific)
AOC-CV-634 questions
What is North Carolina AOC-CV-634?
AOC-CV-634 is the Administrative Office of the Courts statewide Motion to Modify Custody form. You use it to ask the District Court to change an existing custody order under G.S. 50-13.7. The form caption references the original custody order and any later modifying orders. It is a modification motion, not a first-time custody establishment packet.
Where can I download the official AOC-CV-634 PDF?
The NC Judicial Branch publishes AOC-CV-634 on nccourts.gov at nccourts.gov/documents/forms/motion-to-modify-custody. The English PDF is available from that page (Rev. 4/15). Spanish and Vietnamese versions are also listed there. Use the official Judicial Branch links rather than third-party copies.
When is AOC-CV-634 used to modify custody?
The form states that under G.S. 50-13.7 the moving party asks the court to modify the custody order originally entered on the date shown, and states that circumstances have changed since the current order. You must explain what changed in support of the motion. Whether changed circumstances meet the legal standard is a court decision - confirm your facts with official resources or counsel you hire.
Is AOC-CV-634 filed with the court?
Yes. The form includes a Certificate of Service and a note to the moving party to complete service and file the original with the Clerk of Superior Court. Filing fees, copy counts, e-filing channels, and service steps may vary by county. Check with your county clerk or official local court resources before you treat a download as filing-ready.
Why does a statewide PDF still require county confirmation?
AOC-CV-634 is a statewide form, but clerks handle intake locally. Counties may require additional cover sheets, mediation steps, notarization, or portal accounts that the statewide PDF alone does not list. Local rules and county custody packets can differ. Confirm filing channel, fees, service, and any supplemental forms with your county clerk.
How is custody modification different from enforcement?
AOC-CV-634 asks the court to change custody order language because circumstances have changed. Enforcement asks the court to address non-compliance with existing order language. If your strongest material is repeated missed exchanges under clear operative terms, you may be closer to documentation-first enforcement prep than to a modification rewrite. Sort the story before you caption the motion.
MyCustodyCoach is not a law firm. Court rules, fees, and form versions change by county; confirm what applies to your case with official court resources or counsel you hire.