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Custody in North Carolina - In North Carolina 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. 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.
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For
more information on North Carolina Statutes on child custody 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. |
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? >>
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:
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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.
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