Barbara Evans filed a custody petition on March 13, 2026, seeking full custody of 16-year-old Jace Evans after a mental health crisis at her North Carolina home, according to The Ashley's Reality Roundup. An emergency custody request was denied, but a temporary custody hearing is scheduled for March 23 — and North Carolina's custody modification standards will determine what happens next.
| Key Fact | Detail |
|---|---|
| What happened | Barbara Evans filed for full custody of grandson Jace Evans |
| Filing date | March 13, 2026 |
| Jurisdiction | North Carolina (Brunswick County) |
| Emergency bid | Denied by the court |
| Next hearing | March 23, 2026 (temporary custody) |
| Key statute | N.C. Gen. Stat. § 50-13.7 (custody modification) |
North Carolina Requires a "Substantial Change" to Modify Custody
North Carolina does not allow parents or grandparents to re-litigate custody simply because they disagree with how a child is being raised. Under N.C. Gen. Stat. § 50-13.7, anyone seeking to modify an existing custody order must prove a substantial change in circumstances that affects the welfare of the child. This is a two-part test: first, the petitioner must show the change exists, and second, the court must determine that modifying custody serves the child's best interest.
Barbara reportedly raised Jace from infancy and held legal custody for years before signing custody over to Jenelle. That history matters. North Carolina courts look at the totality of a child's circumstances, and a pattern of instability — multiple home changes, mental health crises, prior CPS involvement — can collectively establish the kind of substantial change the statute requires.
The denied emergency petition does not mean Barbara's case is weak. Emergency custody under N.C. Gen. Stat. § 50-13.5(d)(3) requires a showing of immediate, present danger to the child. Courts set a deliberately high bar for emergency orders because they are issued without the other parent present. A judge declining emergency relief simply means the court did not find an immediate safety threat warranting action before a full hearing — not that longer-term custody modification lacks merit.
How North Carolina Courts Evaluate the Best Interest of the Child
North Carolina courts deciding custody must prioritize the best interest of the child above all other considerations. Under N.C. Gen. Stat. § 50-13.2, judges have broad discretion to weigh factors including each party's ability to provide a stable home, the child's existing relationships, the mental and physical health of all parties, and any history of domestic violence or substance abuse.
Several elements of this case align with factors North Carolina judges routinely examine:
The child's age and preference carry significant weight. At 16, Jace is old enough for North Carolina courts to consider his wishes, though the court is not bound by them. Judges in North Carolina have recognized that older children's preferences deserve meaningful consideration, particularly when the child can articulate reasons for those preferences.
Stability of the home environment is a central factor. Reports indicate Jace has moved between multiple households, and North Carolina case law consistently emphasizes that continuity and stability serve children's developmental needs. A judge will assess which placement offers the most consistent, structured environment.
Mental health needs of the child factor directly into the analysis. North Carolina courts can consider whether a custodial parent can meet a child's specific mental health or therapeutic needs, and whether the child's current placement adequately addresses those needs.
The involvement of biological father Andrew Lewis adds complexity. Under N.C. Gen. Stat. § 50-13.2(a), both parents have equal rights to custody absent a court order stating otherwise. If Andrew Lewis seeks custody, the court must evaluate his fitness alongside Barbara's petition and Jenelle's current custodial rights.
What Barbara Must Prove at the March 23 Hearing
The March 23 hearing is for temporary custody, not a final determination. North Carolina courts can award temporary custody under N.C. Gen. Stat. § 50-13.5 while a full custody case proceeds. The standard for temporary orders is lower than for permanent modification, but the petitioner still must present sufficient evidence that the child's welfare requires interim relief.
Barbara will likely need to demonstrate three things at the temporary hearing:
- The mental health crisis and facility placement represent a meaningful change from when Jenelle received custody
- Jace's current living situation does not adequately serve his welfare during the pendency of the case
- Barbara's home offers a more appropriate environment while the court conducts a full evaluation
Temporary custody orders in North Carolina typically remain in place until the court issues a final order after a full hearing. That full hearing could take several months to schedule, meaning the March 23 outcome may determine where Jace lives for an extended period.
Grandparent Custody Rights in North Carolina Are Real but Limited
North Carolina law does allow grandparents to petition for custody, but the legal pathway differs from parent-to-parent disputes. Under N.C. Gen. Stat. § 50-13.1(a), "any parent, relative, or other person" claiming the right to custody may institute an action. Barbara qualifies as both a relative and a former legal custodian, which strengthens her standing.
However, the U.S. Supreme Court's 2000 decision in Troxel v. Granville established that fit parents have a constitutional right to make decisions about their children. North Carolina courts apply this principle by presuming that a parent's custody decision is in the child's best interest. Barbara must overcome that presumption — typically by showing that Jenelle's parenting decisions have harmed or will harm Jace.
Barbara's prior custodial relationship with Jace is significant here. North Carolina courts have recognized that grandparents who served as de facto parents occupy a different legal position than grandparents seeking visitation. Having previously held legal custody of Jace gives Barbara standing and credibility that a grandparent without that history would not have.
Practical Takeaways for North Carolina Families
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Document everything if you believe a child's welfare is at risk. North Carolina courts rely on evidence, not allegations. School records, therapy notes, police reports, and communications all matter when proving a substantial change in circumstances.
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Understand the difference between emergency and temporary custody. Emergency orders under N.C. Gen. Stat. § 50-13.5(d)(3) require immediate danger. Temporary orders require a lower showing but still need evidence. A denied emergency petition does not prevent you from obtaining temporary or permanent custody.
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Grandparents with prior custody have stronger legal footing than those without. If you previously held legal custody and believe the child's welfare has declined, N.C. Gen. Stat. § 50-13.1(a) allows you to petition for modification.
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A child's age matters in North Carolina custody cases. Courts give increasing weight to the preferences of older children, particularly teenagers who can articulate their reasoning. At 16, a child's stated preference carries meaningful but not controlling weight.
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Hire a family law attorney before filing. Custody modification cases require specific procedural steps, and errors in filing or service can delay your case by weeks or months.
Frequently Asked Questions
Can a grandmother get full custody in North Carolina?
Yes. Under N.C. Gen. Stat. § 50-13.1(a), any relative may petition for custody in North Carolina. The grandmother must prove that custody modification serves the child's best interest and overcome the legal presumption favoring a fit parent. Prior custodial history strengthens a grandparent's case significantly.
What qualifies as a "substantial change in circumstances" for custody modification in North Carolina?
North Carolina courts require a material change affecting the child's welfare under N.C. Gen. Stat. § 50-13.7. Examples include a parent's substance abuse, repeated home instability, domestic violence, a child's mental health crisis, or a parent's incarceration. The change must have occurred after the most recent custody order was entered.
Why would a North Carolina judge deny an emergency custody petition?
Emergency custody under N.C. Gen. Stat. § 50-13.5(d)(3) requires proof of immediate danger to the child — meaning risk of physical harm, abduction, or sexual abuse right now. A denied emergency petition means the court found no immediate threat, not that custody modification lacks merit. The petitioner can still pursue temporary and permanent custody through standard proceedings.
Does a 16-year-old get to choose which parent to live with in North Carolina?
North Carolina has no statutory age at which a child chooses their custodial parent. However, courts give substantial weight to the preferences of mature teenagers under N.C. Gen. Stat. § 50-13.2. At 16, a child's clearly articulated preference is one significant factor among many, but the judge makes the final determination based on the child's overall best interest.
How long does a custody modification case take in North Carolina?
A temporary custody hearing can occur within 10 to 30 days of filing in most North Carolina counties. A full custody modification trial typically takes 3 to 9 months depending on court schedules, complexity, and whether the parties request a custody evaluation. Cases involving multiple parties — like a grandmother, mother, and father — often take longer due to scheduling and evidentiary complexity.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.