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