Family Law - Child Custody in North Carolina | Child Support | Child Custody: When Do Children Get to Decide? | Change a Minor Child's Last Name | How Can We Prepare Our Children For Divorce?

Child Custody in North Carolina - In North Carolina family law child custody and visitation can frequently be best resolved by a voluntary out of court agreement between the parents is frequently called a legal separation or separation agreement. John Walker Attorney advises that a separation agreement is not a no contest divorce or uncontested divorce although it will make such a divorce more likely.

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. >>more and printable PDF

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? >> more and printable PDF


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.

Here are four areas to focus upon for children if you and your spouse are separating: >> more and printable PDF

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.

To get started, you can either complete this simple online form so that we have some basic information about you or you can call our office at 1-800-303-0960.