Our lawyers at Lanier, Fountain, Ceruzzi & Sabbah have helped many North Carolina parents with their custody situations, whether they are part of a divorce or as a result of the breakdown of a relationship. We realize how stressful and concerning this issue is.
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Jennifer Pope. Onslow County Child custody Attorney. Save. 4.0 stars. 4 reviews. Avvo Rating: 8.1. Licensed for 33 years. Jennifer R. Pope has been an attorney in Jacksonville, North Carolina since 1988. She grew up in Jacksonville, and attended the University of North Carolina at...
The short answer is: no, children cannot simply decide which parent to live with under North Carolina's family law. However, a child's preference to live with either parent can be taken into consideration by the court during a child custody case.Oct 21, 2020
You'll need to pay the court clerk $150 to open your case. If you can't afford it, submit a Petition to Proceed as an Indigent to ask the court to waive the charges.
Do I need a lawyer to start a custody case? You do not need a lawyer to file for custody. However, custody cases are often complicated, and a lawyer can help you through it. It also may be difficult for you to file the proper paperwork without the help of a lawyer.Feb 14, 2022
One parent can't prevent visits between the child and other parent. When a young child refuses visitation, a custodial parent could be on the hook if that parent isn't doing everything possible to help make visits happen. However, courts recognize that a parent has much less control over a teenager than a toddler.
Factors Judges Use to Determine if a Parent is Unfit The safety, health, and welfare of the child. Evidence of a history of abuse or violence against the child, another child, the child's other parent, or another romantic partner. A parent's history of substance abuse, including drugs and alcohol.May 26, 2021
Custody is either decided by the parties in the form of an agreement or it is decided in front of a judge. In its initial determination, the judge will use the best interest of the child standard in determining custody.
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.Oct 8, 2021
Fathers Have Equal Rights to Custody and Visitation Fathers and mothers have equal rights to child custody – both physical custody (where the child lives) and legal custody (decision-making authority). The law focuses on what serves the best interests of the child.
According to North Carolina law, if a parent violates another parent's custodial or visitation rights by keeping the child away from that parent, it is considered parental kidnapping. This is the result if a parent simply refuses to return the child, and when a parent flees with a child.
Judges like to keep siblings together if they can; that's important. Judges will also consider the preferences of a child. If a child is old enough and mature enough — and usually that's in the 10, 11, 12 age range — then the judge will hear from the child.
If the non-custodial parent wants additional time, an agreement must be reached with the parent who has primary physical custody. If two parents cannot agree, the non-custodial parent may file a visitation complaint with the court to request increased visitation time.
$50 per monthDeviating From the North Carolina Child Support Guidelines There is also generally a minimum support obligation for parents with low incomes. When a parent obliged to pay child support makes less than $1,108 per month (as of January 1, 2019), the guidelines require a minimum support order of $50 per month.