Child Custody in North Carolina

Child custody and visitation is perhaps the most emotionally charged issue in domestic cases and can result in expensive fees and other costs of litigation. Couples are able to compromise on access to the child and on child support without forcing this issue into court. In North Carolina you and your spouse may settle issues of custody and visitation by private agreement that is not required to be submitted to a judge. The Divorce Clinic, when parties agree, can draft such a legal document. It is a cost effective way to gain the advantages and savings made available by the agreement of the parties. This type of basic separation agreement will make this process less costly.

The general rule in North Carolina is that each parent initially has coequal rights to the physical possession of a child born of the marriage. A parent's right to custody of a minor child is substantial but not absolute. A parent's rights are not interfered with unless the child's best interests clearly demand it. The decision of custody must keep your focus on the best interests of the child. More information North Carolina Child Custody Statutes

If you and your spouse can not reach a satisfactory agreement on custody or there is a third party seeking custody and litigation becomes necessary, a judge will consider a variety of factors as determined by the evidence that the parties present. The burden of proof in custody cases is burdensome. You will need to present evidence to support your custody claims and show how your behavior and abilities will better provide for your child's overall development and welfare than your spouse.

Child Custody: When Do Children Get to Decide? Does my child get to decide to live with me or my ex-spouse? The complicated answers to that question can be yes or no. When is the answer yes? The child’s whishes are influential when all involved significant adults in the child's life are in agreement about the child's future living arrangements and that agreement meshes with the child's own wishes.

Mutual agreement is the most common way for resolving a child's custody. This is probably the most frequent outcome because a child may clearly be bonded more to one person or place versus another. Even very young children unable to verbalize a preference for their primary living arrangements often exhibit, through their conduct, a greater attraction to one or the other caretaker and/or to one or another living situation. The ability of most parents to recognize and solve by mutual agreement their child's basic needs is the easiest and least expensive route.

At any time can a parent change a minor child's last name without the other parent's permission?
In North Carolina, a parent may not change the name of a minor child without the consent of the other parent, except in the following instances: the other parent is deceased; the minor child has reached the age of 16; the minor child has the consent of the custodial parent who has supported the minor child and the clerk of court is satisfied that the non-custodial parent has abandoned the minor child; or the non-custodial parent has been adjudicated as having abandoned the minor child.

How can we prepare our children for divorce and reduce the impact? Your task is to create conditions that will help your children to absorb the impact of the divorce and to respond with growth. When parents can come to satisfactory terms on their separation agreement both the parents and the children are better able to go forward and avoid much of the pain and expense associated with a litigated divorce.

The ability of most parents to recognize and solve by satisfactory mutual agreement their child's basic needs is the easiest and less expensive route.

If you're ready to take the next step, please allow the professionals at the Divorce Clinic to help you get started on the path that's best for for you and your family - You can call our office at 704-DIVORCE. so that we have some basic information about you.