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How is child custody determined in North Carolina?

North Carolina permits parents to determine custody between themselves. Sometimes that is impossible, though, and the Court must intervene. To make a determination, the Judge considers: • The child (ren)’s preferences. It is very rare that a court does not permit at least visitation with the child (ren).

How does child support work in North Carolina with joint custody?

If the primary custody is obtained by a mother or father, the custodial parent can ask for child support from the other in accordance with the North Carolina Child Support Guidelines. Also if a joint, non-custodial parent gets less than half of their time with the child, he or she may be required to pay child support.

What happens if there is no custody agreement in North Carolina?

Without a custody agreement, custody is “defaulted” as described in #1 above. A parent can go rogue and move out of the city, county or state with the children (unless the parent is doing so to avoid North Carolina Courts). The custody agreement protects both parents from unpredictable actions of the other.

Can My Ex Date my Child in a North Carolina custody case?

Many people want their children completely secluded from any new person their ex starts to date. As understandable as this feeling may be when it’s used as an attack in a custody battle, North Carolina has routinely rejected it.

What do judges look for in child custody cases in NC?

The court considers many different factors relating to the child's physical, emotional, and mental well-being, including: Age of the child. Specific needs of the child. Ability of each parent to provide for the child.

What two factors do courts consider most when deciding on the custody of a child?

Factors Judges Use When Deciding Custodychildren's ages.needs of the children.each parent's ability to meet the children's needs.relationship between the children and each parent.relationship between the children and other family members.keeping stability in children's lives.children's physical and mental health.More items...

Does NC favor mothers in custody cases?

Do courts favor the mother over the father? No, North Carolina has abolished any presumption over either the mother or father. The courts must use the best interest of the child in determining custody.

What can be used against you in a custody battle?

The Reigning King of What Can Be Used Against You in a Custody Battle: Verbal or Physical Altercations. We wanted to start with the most simple pitfall to avoid: When tempers get high, it's quite alluring to get into a verbal sparring match with your ex-spouse.

What do judges look for in child custody cases?

Mental and Physical Well-Being of Parents Parents' mental well-being is of great concern to a judge in a child custody case. Psychological disorders, overwhelming stress, drug or alcohol abuse, and mental health crises can prevent a parent from acting in their child's best interests.

How do you prove best interest of the child?

How to prove the best interest of the childPrepare a parenting plan. ... Keep track of your parenting time. ... Maintain a journal to show you meet parenting duties. ... Keep a log of child-related expenses. ... Get reliable child care. ... Ask others to testify on your behalf. ... Show that you're willing to work with the other parent.More items...

How do you win a child custody case in NC?

Below, our Charlotte child custody attorneys discuss tips or steps to take to win a custody case in North Carolina.Assess Your Situation. ... Determine the Areas of Disagreement. ... Avoid Heated Conversations. ... Do Not Badmouth Your Co-Parent. ... Get a Lawyer Involved.

At what age will a judge listen to a child in NC?

At what age will a judge listen to a child in NC? ​There is not specific age when a child “knows” what is in their best interest. Some children are mature enough to have a reasoned opinion at age 10 and some certainly are not. The wishes of a 5 year old are not going to be given much weight under most circumstances.

What makes a parent unfit in North Carolina?

The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

What is malicious parenting?

In malicious parent syndrome, one parent attempts to punish the other parent and can even go too far to harm or deprive their children of the other parent by placing the other parent in a bad light.

What kind of questions do you ask a narcissist in child custody?

Examples of Questions an Attorney Might Ask a Narcissist During a Custody ProceedingHow many children do you have with (former spouse or partner's name)?Do you want to be in your children's lives?Since you want shared custody, what will that mean to everyone involved?

How do you win a custody battle against a narcissist?

How Do You Win a Custody Case Against a Narcissist? Follow These 9 Steps#1 Remember That You Are Dealing With a Narcissist. ... #2 Take Note of Everything That Happens. ... #3 Stop or Limit Communication. ... #4 Contact Law Enforcement. ... #6 Ensure Your Physical Safety. ... #8 Continue Being Dependable. ... #9 Secure the Right Attorney. ... Stay Calm.More items...•