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North Carolina Child Custody Laws

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North Carolina
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When a couple divorces and there is a minor child involved, the divorce decree will specify who has physical custody as well as legal custody of the child. Physical custody determines where and with whom the child will live. Legal custody specifies who has the legal right to make important decisions about the child related to issues such as education, religion, medical issues, and discipline. Spouses often reach an agreement regarding child custody on their own, but if they do not, a North Carolina court will intervene and establish custody arrangements based on the best interests of the child. Divorcesource.com offers a summary of divorce and child custody law in the state of North Carolina.

 

There are typically several different custody arrangements that may be made for children of divorced parents. In most cases, courts will award physical custody to one parent with whom the child will live most of the time. The parent with physical custody, or the custodial parent, often shares legal custody, or the right to make decisions regarding the child, with the non-custodial parent. Many child custody arrangements involve joint custody in which the child spends a relatively equal amount of time with each parent.

 

According to findlaw.com, courts consider various factors when awarding child custody, most importantly the best interests of the child. This “best interest” standard varies state to state, but some of the most common standards applied by various states, such as North Carolina, include the following:

 

  • Wishes of the child (if he or she is old enough to capably express a reasonable preference)
  • Mental and physical health of the parents
  • Religion and/or cultural considerations
  • Need for the continuation of a stable home environment
  • Support and opportunity for interaction with members of the extended family of either parent
  • Interaction and interrelationship with other members of the household
  • Child's adjustment to his or her school and community
  • Age and sex of the child
  • Parental use of excessive discipline or emotional abuse
  • Evidence of parental drug, alcohol, or sex abuse

 

According to North Carolina law, courts make custody decisions based on the best interests of the child, as well as several other specific factors, including the following:

 

  • Acts of domestic violence between the parents
  • The safety of the child and the safety of either parent from domestic violence
  • The wishes of the child if he or she is of sufficient age

 

North Carolina courts will do everything possible to help lessen the emotional trauma the child may be experiencing. Courts will presume that both parents should have maximum involvement regarding the physical, mental, moral, and emotional well-being of the child. After the custody order is signed by the judge and filed with the appropriate North Carolina court, both parents must abide by it. If a parent is denied court-ordered access to a child, he or she may bring the issue back before the court. The judge may decide to modify the visitation order, provide makeup visitation for the time missed, or possibly order counseling or mediation. The website lawyers.com provides a complete and comprehensive report on divorce and child custody law in the state of North Carolina.

 

Child Custody when one oarent has a live in boy/girlfriend

Couple has been seprated 5 years, divorced 4. No child custody paperwork has been signed. Two children, ages 9 and 11, have spent an equal amount of time between father and mother since separation and divorce. Mother has a live in boyfriend. Father says he doesn't want children living in an immoral home and is seeking custosy agreement wher the children never spend the night with the mother. COMMENTS/SUGGESTIONS, please

What a sad story about the

What a sad story about the child who suffered due to his parent’s divorce. We know in some cases our society can’t steps without legal help like the incident above. This need may also repeat in any injury case. Legal matters are not transparent most of time I seen. I face an unfortunate situation when my one of my friend had a car accident. I had to be close with some lawyers at that time. I can remember any injury case needs a lawyer to get reimbursement. The time we face any unfortunate situation is very crucial. Attorney Kent has been a popular name in the Seattle, WA who has been taking care of any personal injury case and smiles of millions of people in the matter.

grandparents rights,

North Carolina doesn't have any laws  to supoort grandparants rights,  dealing with that same issue, in my pending case, 

south carolina custody

I live in north carolina my son has lived with me past 4 years his dad has custody from sc courts but he let him come live with me can he just come back and take him?

visitation rights

I live in North Carolina and was awarded the custody of my two sons in April of 2009. The problem that I am running into is the fact that the mother was not in the picture when the custody was given and the visitation rights were laid out for the maternal grandmother. Now, however, that has changed. Can you tell me if North Carolina even has any laws regarding Grandparent's Rights and where I can go to research the issue. I do not want to send the kids to the grandmother's house for the simple reason that their mother is now staying there. She is into drugs, has offered alcohol to both of our underage children, and on top of that, she just got out of jail for breaking and entering. I do not believe that this is a good environment for the children to be in. However, I do not want to go to jail for contempt of court for not following the court ordered visitation either. I need help and I am not very sure where to even begin looking. Any help would be greatly appreciated.

visitation rights

I live in North Carolina and was awarded the custody of my two sons in April of 2009. The problem that I am running into is the fact that the mother was not in the picture when the custody was given and the visitation rights were laid out for the maternal grandmother. Now, however, that has changed. Can you tell me if North Carolina even has any laws regarding Grandparent's Rights and where I can go to research the issue. I do not want to send the kids to the grandmother's house for the simple reason that their mother is now staying there. She is into drugs, has offered alcohol to both of our underage children, and on top of that, she just got out of jail for breaking and entering. I do not believe that this is a good environment for the children to be in. However, I do not want to go to jail for contempt of court for not following the court ordered visitation either. I need help and I am not very sure where to even begin looking. Any help would be greatly appreciated.

Author Information:

Jan Hill is a certified paralegal and a freelance writer. She enjoys legal research and writing on a variety of legal topics such as personal injury law, divorce and family law, medical malpractice, and employment law.
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