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
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.
North Carolina family law attorney fees generally vary from $100 to $500 per hour. The factors like attorney's credentials and location have a major role to play in the actual rate.
Under the common statutory provision, if the spouses have children together while married, the parents have joint guardianship over that child and the parental rights are equal. Each parent has an equal right to the custody of the child when they separate.
The child's age, gender, characteristics and background will all be a factor in the decision process. The judge or magistrate will want to ensure that the child is safe from any possible harm and the parent has the ability to meet the child's needs.
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
In North Carolina, both unmarried parents have the same parental rights as married parents once paternity is established. In the time after the child's birth but before the parent(s) establish paternity, the mother has custodial rights.
If there isn't a custody order already in place, either parent can file a request for a custody order at any time. Parents can reach their own custody agreements in North Carolina or leave matters up to a judge to decide. In many cases, a judge will order the parents to attend mediation before scheduling trial.
If the decision concerning joint custody cannot be reached by you and the other parent, you will have to ask the court to award joint custody. You should first decide whether you want joint legal or physical custody. 1. If you want joint physical custody, you must have a workable schedule to propose.
The term custody refers to the legal and physical custody of a child. Legal custody is the authority to make decisions for and about a child. Sole legal custody (also called sole parental responsibility) is when one parent has full responsibility to make major decisions for the child.
Each child has the right to have a conflict-free relationship with each parent. You should never make your children arrange or make any big decisions with regards to child custody issues. Each child has the right to be financially supported by both parents, regardless of how much time each parent spends with the child.May 28, 2020
For parents who are not legally married, the Family Law Acttell us the definition of a child, being a dependent child under 16 years of age, or aged 16 or 17 who has not withdrawn from parental control, or over 18 years of age and attending a full time education program and not withdrawn from parental control.