What is Custody in North Carolina?
Custody matters in North Carolina, like in most states, are governed by state laws and are typically addressed by family courts. Custody refers to the legal and physical care and control of a child. North Carolina law recognizes two main types of custody:
- Legal Custody : Legal custody relates to the right and responsibility to make important decisions regarding the child’s upbringing. These decisions may include those related to education, healthcare, religious upbringing, and other significant aspects of the child’s life. Legal custody can be shared (joint legal custody) or awarded solely to one parent (sole legal custody).
- Physical Custody: Physical custody refers to where the child primarily resides and which parent provides the day-to-day care. Physical custody can also be shared (joint physical custody) or awarded solely to one parent (sole physical custody).
Here are some key points to understand about custody in North Carolina:
- Determining Custody: When parents are unable to reach an agreement on custody, the court will make a determination based on the best interests of the child. The court considers various factors, including the child’s age, physical and emotional well-being, the stability of each parent’s home environment, the child’s relationship with each parent, and each parent’s ability to provide for the child’s needs.
- Custody Orders: Custody orders in North Carolina can be established through various legal processes, including:
- Separation Agreements: Parents can negotiate and agree upon custody arrangements during divorce or separation proceedings.
- Mediation: Mediation is often used to help parents come to a mutually agreeable custody arrangement without going to court.
- Court Orders: If parents cannot agree on custody, a judge will make the determination after a custody hearing.
- Modification of Custody Orders: Custody orders can be modified if there is a significant change in circumstances that warrants a modification and if it is in the child’s best interests. Common reasons for modification may include changes in a parent’s living situation, work schedule, or concerns about a child’s well-being.
- Grandparent Visitation: North Carolina law allows for grandparent visitation under certain circumstances, particularly when it is in the child’s best interests.
- Best Interests of the Child Standard: The guiding principle in all custody determinations in North Carolina is the best interests of the child. This standard prioritizes the child’s well-being and safety above all other considerations.
- Custody and Child Support: Child custody and child support are separate legal issues. The parent with physical custody (the custodial parent) may be entitled to child support payments from the non-custodial parent. Child support calculations in North Carolina are based on state guidelines.
- Custody Disputes and Legal Representation: Custody disputes can be emotionally challenging and legally complex. It is often advisable to seek legal representation from a family law attorney who can provide guidance, advocate for your rights, and help you navigate the legal process.
Keep in mind that custody cases can vary greatly based on individual circumstances, and North Carolina law can change over time. It is essential to consult with an attorney who specializes in family law in North Carolina to understand your specific rights, responsibilities, and options in a custody matter. Contact the Law Offices of Austin Vandeveer today to get started and learn about your legal options.