subject: Important North Carolina Child Custody Laws [print this page] Important North Carolina Child Custody Laws
Preparation is key for a child custody case in Raleigh. Proper preparation not only protects you from common hurdles; it demonstrates your commitment to your child before a court. Attorney consultations are the best way to ensure you have all the necessary evidence and knowledge to begin a custody battle. However, here are some useful tips about North Carolina laws that all parents should know:
North Carolina favors neither mothers nor fathers. Raleigh courts use the best interest of the child to determine custody.
Either parent can initiate a custody hearing, but mediation is a prerequisite. Mediation means that both parents meet outside of court in the presence of a mediator, who is often a child custody attorney in Raleigh.
Joint custody is an option, but in less civil cases, the court may grant the primary parent custody and the other visitation, a term that can be fairly close to secondary custody in practice. Child support is determined under a separate system. It takes into account joint custody if the child stays overnight with the parent who has visitation rights more than 123 times in a year.
Supervised visitation in North Carolina is normally reserved for situations where one parent is accused of being abusive. Less severe circumstances are not likely to result in the requirement of supervised visitation.
The parent with custody may ask for child support, but must make an effort to do so. North Carolina courts do not automatically determine child support during the course of child custody cases. A child custody attorney in Raleigh can help you with this process.
If litigation is necessary, witnesses testifying to the character or ability of a parent are valuable. Testimonies from any individuals involved in the child's daily life can heavily impact the case.
Older children (pre-teen and above) may help the court determine custody. Children under 10 are usually considered too young to contribute significantly to a case.
Remember that cases requiring litigation can become very hostile. Even if you trust your former spouse to keep a cool head and adhere to the truth, the stress of a custody dispute may cause them to act irrationally. In these types of cases, it is vital to have the assistance of a qualified Raleigh child custody attorney.
Contact a child custody lawyer in Raleigh
Early intervention by knowledgeable Raleigh, NC family law attorneys can save you considerable time, money, and anguish if you are in a child custody dispute. Information, documentation, and planning are powerful tools that can provide you with protection and security for your future.
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