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