Child custody refers to the legal decision about where a child will live and who will make important decisions about their care and upbringing after their parents separate or divorce.
Types of Custody in North Carolina
Legal and Physical Custody are related, but they are not the same thing. Sometimes, one parent enjoys both primary legal and physical custody. It is not uncommon, though, for parents to equally share decision-making authority even though a child lives primarily with one parent. It is also possible that a child splits time between the parents, but one parent has decision-making authority.
Key Aspects of Parental Rights to Custody. Parents have a fundamental right to custody of their children, as recognized by law. In North Carolina, both parents are considered equally entitled to custody, meaning there is no automatic preference for the mother or father. Courts encourage both parents to remain actively involved in their child’s life unless doing so would harm the child.
Do Parents Have to Go to Court? Not always. First, there is no requirement for parents to have a Custody Order. Some families are able to work things out without the Court's intervention.
In other cases, even after a Court case is initiated, parents can agree on a custody arrangement outside of court through negotiation or mediation. However, if they cannot agree, the Court will decide.
"Best Interests" Standard. In determining the custody of a child, the Court prioritizes the best interests of the child, considering factors such as:
In some states, at a certain age, a child is granted the right to determine which parent they will live with. In North Carolina, it is not that simple. There is no magical age. Instead, a Court may take note of a child's wishes, but is not bound by them. The age and maturity level of the child are major factors used by Courts in determining how much weight to place on what the child wants, and how it aligns with the best interests of the child.
Custody Orders. A custody order is a legal document issued by the Court that outlines:
Modifying Custody. Custody Orders can be modified if there is a significant change in circumstances.
Temporary vs. Permanent. Custody Orders are either temporary or permanent. Those terms, however, may not mean what they sound like. In short, temporary Orders do not usually expire. They are intended to stay in place indefinitely - and will not change until there is another Order entered. And even if an Order is "permanent," if circumstances change such that the Order no longer serves the best interests of a child, a Court can (and generally, will) change that Order.
Child Custody Mediation. In North Carolina, parents must usually attend court-ordered mediation before a custody trial. Mediation helps parents reach an agreement with less conflict.
Grandparents' Rights. Grandparents can seek custody or visitation in certain situations. The primary question is whether or not the grandparent has legal standing to seek custody. And the answer is complicated and fact-dependent. You would be well-served to seek legal advice is you have questions regarding a grandparent's rights to custody or visitation.
Legal Representation. Hiring an attorney is not required but highly recommended to ensure your rights and interests are protected throughout the process. Currently, deLambert Stone handles child custody matters in Lee, Harnett, Chatham, and Moore Counties. There is no "standard rate" in these cases. Each matter is different, and we generally bill them at an hourly rate. We will do our best to explain all of the possible scenarios and the potential cost of each, and then work out a good faith estimate, with suitable terms.
If you have questions, please call our office at 984-977-8390 or reach out through the Contact Us link to set up a consultation.
Get started on your legal matter today by scheduling a consultation with Deep River Lawyers. Deep River Lawyers offers flexible appointment times and will work with you to find a time that suits your schedule.
Yes, if it is necessary. There are two primary reasons a Court will grant emergency Custody: 1) if a child in imminent danger; or 2) if a child has been removed from North Carolina for the purpose of evading the State's jurisdiction. If either of these circumstances apply to your immediate situation, we advise that you contact an attorney immediately. There are a series of things that have to occur, but in an emergency, a family law attorney can generally get in front of a Judge within a day or two.
Maybe, but probably not. It is generally in a child's best interests to have a relationship with both of their parents. However, if a parent is found to be unfit and poses some sort of threat to a child, a Court does have the authority to severely restrict (or even eliminate) a parent's custodial rights.
Yes, but a Court is unlikely to impose that condition unless you can show that unsupervised visits may endanger the child.
Yes, if you can demonstrate your ability to meet the child’s needs and act in their best interests.
Usually, yes. Most Custody Orders include a provision permitting the parents to agree to changes. However, if your Order does not include specific language regarding mutual consent to changes, consult an attorney. You may create a situation in which one (or both) parent(s) is in contempt of a Court Order.
Document caregiving history, communication, and any concerns about the other parent’s behavior.
Some custody matters are resolved in a matter of weeks. Some matters are in and out of Court for 18 years. There is no way to predict how long the process will take, and it will largely be determined by the ability of the parents to cooperate with one another.
You can file a motion for enforcement or contempt in court. In some cases, the offending parent can be sentenced to jail for failing to comply with a Court Order.
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