Child Custody in North Carolina
In North Carolina, as in other states, child custody is broken down into two types.
These are:
- Physical custody. This refers to where and with whom the child will live. In joint custody, the child will spend time with both parents in an agreed-upon schedule of overnights. This can be for substantial time with both parents although not necessarily equal time if schooling or daycare is a limiting factor. In sole physical custody, which is rare, the child will live with only one parent.
- Legal custody. The refers to legal authority to make major life decisions concerning the child. These can include educational, health care, religious, and other important factors in the child’s life. When joint legal custody is awarded, parents have the right to make these decisions together. In sole legal custody, only parent has this authority.
“Parenting time” is another name for visitation. Where one parent has primary physical custody of the child, the other parent will be provided and protected with parenting time as ordered by the court. This court order makes his or her parenting time legally enforceable. In cases where a parent is denied his or her scheduled parenting time by the other party, he or she can go through the court to have it enforced.
Parenting time can also be awarded to unmarried fathers by the courts after establishing paternity. Paternity will also obligate the father to provide child support.
Reaching an Agreement on Child Custody
You and the other parent can reach a child custody and visitation agreement on your own outside of court through negotiation or mediation. Your agreement can then be formalized and submitted to the court for approval. Approval is likely as long as the court deems the agreement to be in the best interests of the child. If you cannot agree on the matter, your case will go to trial where it will be decided by a judge based on evidence presented by both parties.
Turn to an Experienced & Trusted Charlotte Child Custody Attorney
If you are facing a child custody matter, whether through a pending divorce or in a post-divorce or paternity situation, The Nesmith Firm can help. Our Charlotte child custody lawyer is dedicated to protecting your parental rights and helping you secure an optimum result that will work now as well as into the future.
Contact us today by calling (704) 741-7363 to learn more about how our Charlotte custody lawyer can help with your custody matter!
What Makes a Parent Unfit in North Carolina?
In North Carolina, determining whether a parent is unfit often arises in child custody disputes. Unfit parents endanger their children's safety, well-being, or development through their behavior, circumstances, or environment. Courts prioritize the best interests of the child and carefully evaluate various factors before making a determination.
Key considerations for determining parental unfitness in North Carolina include:
- Abuse or Neglect: Evidence of physical, emotional, or sexual abuse or neglect can result in a parent being deemed unfit. The act of neglect can include the failure to provide basic necessities such as food, shelter, education, or medical care.
- Substance Abuse: Chronic drug or alcohol abuse that impairs a parent’s ability to care for their child can be grounds for unfitness. An example of this would be evidence that substance abuse affects judgment or creates a dangerous environment.
- Mental Health Issues: Severe, untreated mental health conditions that hinder a parent’s ability to provide a safe and stable environment may contribute to a finding of unfitness.
- Domestic Violence: A history of domestic violence, especially in the child’s presence, is a significant factor courts consider when assessing parental fitness.
- Criminal Activity: Engagement in illegal activities or incarceration can negatively impact a parent’s fitness, particularly if it affects their ability to care for the child.
A court may limit the rights of a parent who is found unfit and, in extreme cases, terminate parental rights altogether. It is crucial for parents facing such allegations to seek legal representation to protect their rights and demonstrate their ability to provide a safe and supportive environment for their child.
Understanding Child Custody Laws in North Carolina
When it comes to child custody, it's important to have a clear understanding of the laws and regulations in North Carolina. Our experienced Charlotte child custody lawyer can provide you with the knowledge and guidance you need to navigate the complexities of child custody cases in the state.
Key points to consider about child custody laws in North Carolina include:
- Types of custody arrangements (sole custody, joint custody, legal custody, physical custody)
- Factors considered by the court when determining custody (child's best interests, parent's ability to provide a stable environment, child's preference, etc.)
- The process of reaching a custody agreement (negotiation, mediation, court litigation)
- Enforcement of custody orders and modification of custody arrangements
By having a thorough understanding of child custody laws in North Carolina, you can make informed decisions and work towards the best possible outcome for your family. Contact us for a consultation today to discuss your specific child custody situation.
Contact us today by calling (704) 741-7363 to learn more about how our Charlotte custody lawyer can help with your custody matter!
