North Carolina Child Custody - Laws For Creating a Custody and Visitation Schedule
Chapter 50 of the North Carolina statutes contains the laws that govern child custody proceedings.
These laws have been put in place by the state to protect the children when their parents separate.
They also protect the rights of each parent.
This section of law contains the rules and guidelines that parents must follow as they create their custody and visitation schedule.
It is of the utmost importance that parents learn these procedures and laws so their custody schedule will be accepted and upheld by the court.
Here is some of the vital information that parents should know.
1.
Parents who can't agree must attend mediation.
Section 13.
1 of Chapter 50 specifies that parents who are not able to agree on their custody and visitation schedule must attend at least one mediation session.
The purpose of this rule is to reduce the hostility between parents, to create a schedule that is in the best interests of the child, to provide a setting that promotes cooperation, to provide the parties with informed choices, and to reduce re-litigation of custody issues.
This act strongly encourages parents to work together to create the best possible schedule.
If mediation is still not successful, the schedule will be determined by the court.
2.
No presumption for custody is given to either parent, and joint custody is an option.
Section 13.
2 clearly states that neither parent is given a presumption for custody.
Which parent receives custody of the children is based on what is best for the child.
Joint custody is an option in North Carolina if it promotes the welfare of the child and the parents are able to cooperate sufficiently.
The custody schedule should be determined based on what the child needs and the parents should always keep this as a focus.
3.
The custody order will be determined by what is best for the child.
If the parents go to court to have their custody issues resolved, the judge will base the decision on the needs of the child.
Some of the factors that the judge will consider when thinking about the child's best interest are: if there have been any acts of domestic violence between the parties, the safety of the child, and the safety of both parties.
The mother and father should acknowledge these issues and come up with a proposed plan that benefits the child.
Once the court accepts a custody schedule, it becomes part of the custody order and it is a legal document that the parents must follow.
These laws have been put in place by the state to protect the children when their parents separate.
They also protect the rights of each parent.
This section of law contains the rules and guidelines that parents must follow as they create their custody and visitation schedule.
It is of the utmost importance that parents learn these procedures and laws so their custody schedule will be accepted and upheld by the court.
Here is some of the vital information that parents should know.
1.
Parents who can't agree must attend mediation.
Section 13.
1 of Chapter 50 specifies that parents who are not able to agree on their custody and visitation schedule must attend at least one mediation session.
The purpose of this rule is to reduce the hostility between parents, to create a schedule that is in the best interests of the child, to provide a setting that promotes cooperation, to provide the parties with informed choices, and to reduce re-litigation of custody issues.
This act strongly encourages parents to work together to create the best possible schedule.
If mediation is still not successful, the schedule will be determined by the court.
2.
No presumption for custody is given to either parent, and joint custody is an option.
Section 13.
2 clearly states that neither parent is given a presumption for custody.
Which parent receives custody of the children is based on what is best for the child.
Joint custody is an option in North Carolina if it promotes the welfare of the child and the parents are able to cooperate sufficiently.
The custody schedule should be determined based on what the child needs and the parents should always keep this as a focus.
3.
The custody order will be determined by what is best for the child.
If the parents go to court to have their custody issues resolved, the judge will base the decision on the needs of the child.
Some of the factors that the judge will consider when thinking about the child's best interest are: if there have been any acts of domestic violence between the parties, the safety of the child, and the safety of both parties.
The mother and father should acknowledge these issues and come up with a proposed plan that benefits the child.
Once the court accepts a custody schedule, it becomes part of the custody order and it is a legal document that the parents must follow.
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