NC Child Custody Laws

The heart of NC law is to provide and protect a child- - Any drug and alcohol abuse by either parent?
by doing what's in the best interests of the child.- - Has either parent moved from state?
When required NC will rule child custody to the parent- - Either parent shows a history of child abuse?
or guardian who is deemed by the court to exhibit- - How much time the parent can spend with the
what is in the best interests of the child.children?
What North Carolina custody would much rather see- - Any Non-marital sexual relationships?
is the parents determine child custody and all the- - Preference of the children if the judge deems the
details involved.children is capable of understanding what is being
At the time of research NC law does not require theasked.
parent's to present an agreement to the court, as- - Does the parent accept and encourage contact
the court will abide by the parent's decision. Thatwith other parent?
brings up a good point, if you and the child's other- - How stable are the parents?
parent reach an agreement put it in writing, every- - Does the parent try to undermine the other
detail, leave nothing to the imagination. The reason toparent?
put the agreement in writing is to show proof.These and any other you can think of should be
If you and your ex or soon to be ex do not put ainvolved when you and the other parent are deciding
condition of custody in writing and later there is aon issues and conditions.
disagreement and one of you go to court with noWow as I reread what I just wrote, I am writing
proof, they will disregard your claim as a condition,from a perspective of both parents working out an
because it was never in writing. Do not take thisagreement themselves. Unfortunately, parents not
piece of advice lightly, it very well could come backbeing able to reach an agreement happen far too
to cause unneeded or unwanted grief not only tomany times. Many reasons factor into disagreement's
you but your child as well.including not accepting ones limitations, anger,
Here is an outline of the types of custody andresentment, wanting you to regret at all cost, etc.
descriptions of each. Custody is divided into 2If this is where you are at now, you need to keep
sections, legal child custody and physical child custody.your cool in a way you may find hard to do. I mean I
Legal is having the right to make major decisions forknow this is the roughest time of your life and you
the health and welfare of the child including education,want to come apart at the seams - DON'T!
medical, and religious decisions.Any action or reaction may only make gaining
Legal custody is divided into 2 options.custody of your child harder. Remember the court will
- - Sole legal custody is when a parent is given therule for the best interests of the child, not the
exclusive right to make the major decisions.parent. This is no time to do something stupid that
- - Joint legal custody is when both parents share inyou could payfor the rest of your life by losing
the major decisions of their child.custody of your child.
Physical if awarded decides whom the child will liveGet real life information now that can guide you from
with.not knowing, too knowing in advance. Questions and
Physical custody can be categorized as:answers that you not only need to know, but know
- 1) Sole physical custody if awarded gives onein advance. Questions like:
parent the right for the child to live with them. When- - What do I do right now to improve my chances
this occurs the other parent usually receives visitingof winning custody?
rights.- - What behaviors must I exhibit to give me an
- 2) Joint physical custody when awarded allows bothedge?
parents to share in decisions made for their child and- - Get the answer to this one burning question any
for the child to live with both parents. This does notparent must have regarding sole custody!
mean your child has to live exactly 50% of the time- - Must know secrets to getting an attorney to do
with each of you.as you say.
- 3) Bird Nesting is when the child stays in the home- - Questions that will be asked during a child custody
and the parents take turns living in the house withevaluation.
the child (one parent at a time).- - Know the behaviors that judge's look down at.
In the unfortunate event a parent would have to go- - Learn the 4 facts about child custody mediation
to court to enforce a condition of a child custodythat can lessen the likelihood of a drawn out
agreement, the court will not hold either party toexpensive court battle.
exact terminology. What I am saying is if "Both have- - Know what to ask a lawyer to see if they are
custody" stands for "Joint custody" in yourqualified and will fight for you.
agreement the court will recognize that.Having the answers to these, and other must have
If there is a hearing, NC allows the court to use a setinformation is vital to gaining an advantage to winning
of factors in determining child custody. Below are acustody of your child.
few of the factors including but not limited to: