Difference between revisions of "Custody"
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<tr><td style="padding-right:10px"><b>Statutes</b>:</td><Td>[https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_50A.html Chapter 50A]</td></tr> | <tr><td style="padding-right:10px"><b>Statutes</b>:</td><Td>[https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_50A.html Chapter 50A]</td></tr> | ||
<tr><Td style="padding-right:10px"><b>Description</b></td><Td>Who the child lives with (physical custody) and who makes important decisions about the child (legal custody).</td></tr> | <tr><Td style="padding-right:10px"><b>Description</b></td><Td>Who the child lives with (physical custody) and who makes important decisions about the child (legal custody).</td></tr> | ||
<tr><td style="padding-right:10px"><b>Takeaway</b></td><Td>Custody is determined by whatever a judge feels is in the child's best interest.</td></tr> | <tr><td style="padding-right:10px"><b>Takeaway</b></td><Td>Custody is determined by whatever a judge feels is in the child(ren)'s best interest.</td></tr> | ||
</table> | </table> | ||
'''Custody''' is determined by whatever a judge feels is in the child(ren)'s best interest. There are two types of custody. Physical custody is who the minor lives with. Legal custody is who makes important decisions about the child(ren). Generally, a judge is comparing one parent to the other to determine which (or both) are competent parents | '''Custody''' is determined by whatever a judge feels is in the child(ren)'s best interest. There are two types of custody. Physical custody is who the minor lives with. Legal custody is who makes important decisions about the child(ren). Generally, a judge is comparing one parent to the other to determine which (or both) are competent parents. | ||
==Evidence== | ==Evidence== | ||
How to best prove the child is better-off with one parent than the other depends on the circumstances. However, one common factor is which parent takes the child to places like the dentist, doctor, and school. The minor's own preferences can also be a factor, depending on their age and whether the child has responsible adult reasons for their preference. Other factors include providing a suitable home, making healthy meals, and looking after the child's development. | How to best prove the child is better-off with one parent than the other depends on the circumstances. However, one common factor is which parent takes the child to places like the dentist, doctor, and school. The minor's own preferences can also be a factor, depending on their age and whether the child has responsible adult reasons for their preference. Other factors include providing a suitable home, making healthy meals, and looking after the child's development. | ||
== Minimum Custody == | == Minimum Custody == | ||
Generally, even if one parent is awarded primary custody, the other parent will have custody every other weekend. A parent can only completely lose custody rights if they are a danger to the child(ren) or demonstrate an abandonment of their parental role. Examples would be if one parent is involved in dangerous crimes, abuses drugs, and/or sexually/physically abuses the child(ren). Completely extinguishing a parent's custody rights is rare. | Generally, even if one parent is awarded primary custody, the other parent will have custody every other weekend. A parent can only completely lose custody rights if they are a danger to the child(ren) or demonstrate an abandonment of their parental role. Examples would be if one parent is involved in dangerous crimes, abuses drugs, and/or sexually/physically abuses the child(ren). Completely extinguishing a parent's custody rights is rare. The need for ongoing, long-term co-parenting is one reason resolving custody at mediation instead of trial is often preferred. | ||
==Jurisdiction== | ==Jurisdiction== | ||
A North Carolina court will accept jurisdiction if North Carolina is the child's "home state."<ref name="jurisdiction">[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50a/gs_50a-201.html#:~:text=%C2%A7%2050A%2D201.,Initial%20child%2Dcustody%20jurisdiction.&text=(4)%20No%20court%20of%20any,a%20court%20of%20this%20State § 50A-201]</reF> However, if North Carolina was the home state of the child within the prior six months, and one spouse takes the child to another state, North Carolina courts will still accept jurisdiction.<ref name="jurisdiction"/> You can also have North Carolina jurisdiction if no other state can or wants to.<ref name="jurisdiction"/> However, if a spouse takes the child to another state for more than six months, their new state most likely is the only state that can accept jurisdiction | A North Carolina court will accept jurisdiction if North Carolina is the child's "home state."<ref name="jurisdiction">[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50a/gs_50a-201.html#:~:text=%C2%A7%2050A%2D201.,Initial%20child%2Dcustody%20jurisdiction.&text=(4)%20No%20court%20of%20any,a%20court%20of%20this%20State § 50A-201]</reF> However, if North Carolina was the home state of the child within the prior six months, and one spouse takes the child to another state, North Carolina courts will still accept jurisdiction.<ref name="jurisdiction"/> You can also have North Carolina jurisdiction if no other state can or wants to.<ref name="jurisdiction"/> However, if a spouse takes the child to another state for more than six months, their new state most likely is the only state that can accept jurisdiction.<ref>[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-13.5.html § 50-13.5(f)]</ref> | ||
==Contact an Attorney== | ==Contact an Attorney== | ||
Latest revision as of 14:51, 8 January 2023
| Custody | |
| Statutes: | Chapter 50A |
| Description | Who the child lives with (physical custody) and who makes important decisions about the child (legal custody). |
| Takeaway | Custody is determined by whatever a judge feels is in the child(ren)'s best interest. |
Custody is determined by whatever a judge feels is in the child(ren)'s best interest. There are two types of custody. Physical custody is who the minor lives with. Legal custody is who makes important decisions about the child(ren). Generally, a judge is comparing one parent to the other to determine which (or both) are competent parents.
Evidence
How to best prove the child is better-off with one parent than the other depends on the circumstances. However, one common factor is which parent takes the child to places like the dentist, doctor, and school. The minor's own preferences can also be a factor, depending on their age and whether the child has responsible adult reasons for their preference. Other factors include providing a suitable home, making healthy meals, and looking after the child's development.
Minimum Custody
Generally, even if one parent is awarded primary custody, the other parent will have custody every other weekend. A parent can only completely lose custody rights if they are a danger to the child(ren) or demonstrate an abandonment of their parental role. Examples would be if one parent is involved in dangerous crimes, abuses drugs, and/or sexually/physically abuses the child(ren). Completely extinguishing a parent's custody rights is rare. The need for ongoing, long-term co-parenting is one reason resolving custody at mediation instead of trial is often preferred.
Jurisdiction
A North Carolina court will accept jurisdiction if North Carolina is the child's "home state."[1] However, if North Carolina was the home state of the child within the prior six months, and one spouse takes the child to another state, North Carolina courts will still accept jurisdiction.[1] You can also have North Carolina jurisdiction if no other state can or wants to.[1] However, if a spouse takes the child to another state for more than six months, their new state most likely is the only state that can accept jurisdiction.[2]
Contact an Attorney
This wiki is provided by North Carolina divorce lawyer David King and his firm King @ Law. You can learn more about King @ Law at www.kinglawnc.com. If you are looking to hire an attorney, have questions, or would like to contribute to this wiki, you can contact attorney King using any of the following methods:
- Schedule a Consultation
- Start a Facebook Chat
- Email: david@kinglawnc.com
- Voicemail: 919 706 5322