Divorcing parents often fear the child custody process. They worry that the separation will wreak havoc on their child’s routine and stability.
But child custody laws in NC seek to facilitate an arrangement that places your child’s best interests as the highest priority. Understanding these laws can bring you peace of mind about how you and your family will proceed after the divorce.
Two Types of Child Custody
North Carolina law recognizes two distinct types of child custody:
- Legal custody indicates who can make significant decisions for your child, such as religious, health, and educational decisions.
- Physical custody indicates where the child lives.
Both parents can share both types of custody, or one parent can have sole legal and/or physical custody. When you and your co-parent discuss your child custody agreement, be aware of both types and consider how you will share them after the divorce.
Determining Child Custody Outside of Court
Child custody laws in NC give divorcing parents the right to create their own parenting plan without the court’s intervention. Creating a child custody agreement with your co-parent gives you full control over how you will share time with and responsibility for your child.
Still, working with an attorney to draft this agreement is a good idea. An experienced family law attorney can help you and your soon-to-be-ex-spouse draft an official agreement that includes all necessary elements.
Creating a Child Custody Consent Order
While you can keep your parenting plan entirely out of court if desired, many parents find it helpful to create a legally binding child custody consent order. This is a private custody agreement that both parents make outside of court but submit to the court for approval. A judge signs the order, making it a legally enforceable court order.
A consent order is more easily enforced that an agreement you and your co-parent draft at home without any legal intervention. While you still have full control over the terms of the order, submitting it to court requires both of you to take it seriously and stick to the terms precisely.
This order may include details such as:
- Legal and physical custody: How the parents will split the decision-making process for the child and where the child will live
- Parenting time: How much time each parent will spend with the child and when
- Expenses: How both parents will split the child’s cost of care
- Visitation schedules: General schedules both parents will stick to for visiting and caring for the child
- Exchanging the child: How the child will move from one household to another (i.e. if parents will interact during this exchange)
- Flexibility: How the parents will seek to alter the agreement as the child grows and their needs change
- Holidays, summer break and vacation: how special days will be shared between the parties
How a Judge Determines Child Custody
Many parents cannot agree on child custody on their own and must involve the court to reach this decision for them.
If you and your coparent have reached this stage, you may first consider mediation. This process invites you and your coparent to negotiate the terms of the agreement, be willing to compromise on certain elements, and still reach a decision on your own accord with the assistance of a professional mediator.
If you cannot reach an agreement on your own, under child custody laws in NC, a judge can determine custody for you.
Benefit to the Child
North Carolina judges seek to create parenting agreements according to what would be more beneficial to the child. They base their decision on numerous factors:
- The child’s relationship with each parent
- Each parent’s capacity to care for the child
- Each parent’s mental and physical condition and how it affects their ability to care for the child
- The historic role of each parent in the child’s upbringing
- Any physical or mental abuse committed by either parent
If one parent plans to move far away from the previously shared home, the judge will consider this when determining physical custody as well.
Equal Parental Rights
Under child custody laws in NC, parents have equal rights to care, custody, and control over their children unless elements of abuse or neglect are present.
Seek Assistance From Triangle Divorce Lawyers
Understanding child custody laws in NC is only the first step in creating an arrangement that you and your soon-to-be-ex spouse both feel confident in. Triangle Divorce Lawyers can provide legal assistance as you navigate child custody. Contact us today at 919-303-2020 to schedule a consultation.
