This pamphlet provides an overview of primary custody. Topics covered include what primary custody is, court evaluations, and how primary custody is chosen.
North Carolina USLegal Pamphlet on Primary Custody
State:
Multi-State
Control #:
US-PMPH-16
Format:
Word;
Rich Text
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FAQ
If your child's other parent somehow jeopardizes your child, you may find it necessary to seek sole custody. However, obtaining sole custody rights in North Carolina can be challenging. You will need to prove that it is in your child's best interest for their other parent only to have visitation rights.
A signed and notarized child custody agreement is enforceable as a contract between the parents, but the court will not enforce the agreement until it is incorporated into a court order. The law in North Carolina is clear that courts are not bound by contracts regarding agreements in co-parenting.
There are several arrangements that are more popular than others, including legal custody, physical custody, sole custody, joint legal custody, and sole legal custody. Of these, joint legal custody is the most common custody arrangement.
Judges decide child custody based on ?the best interests of the child.? This decision can include many factors, such as the parents' living arrangements, each parent's ability to care for the child, the child's relationship with each parent, and any other factors affecting the welfare of the child.
You must open a case with your local family court to ask for custody. File the custody complaint by itself or in conjunction with a case involving divorce, legal separation, paternity or domestic violence protective orders (restraining orders).
North Carolina child custody laws use the term secondary custody, but it is basically just another way of saying visitation rights.
Many people believe there is a ?magic age? when children can choose the parent with whom they prefer to live ? or have the right to make that choice. In North Carolina, there is no age for this.