Charlotte North Carolina Order on Child Custody Mediation

State:
North Carolina
City:
Charlotte
Control #:
NC-CV-630
Format:
PDF
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Description

Order on Child Custody Mediation: This is an official form from the North Carolina Administration of the Courts - AOC, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.

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FAQ

No one can be forced to mediate as it is a voluntary process! Again, however, where parties decline to mediate, the judge will certainly be interested in why the parties have come to this decision.

Is everyone required to go to mediation? Yes, in general. The parents and anyone else making a legal claim for custody of the children are required to attend unless a judge ?waives? mediation, meaning that the parties are legally excused from attending. Waiver does not happen automatically.

Do courts favor the mother over the father? No, North Carolina has abolished any presumption over either the mother or father. The courts must use the best interest of the child in determining custody.

North Carolina family courts decide child custody issues based on what it believes to be in the best interest of the child. This is called the best interest of the child standard.

The court considers many different factors relating to the child's physical, emotional, and mental well-being, including: Age of the child. Specific needs of the child. Ability of each parent to provide for the child.

In short, mediation is not compulsory, and if there are safety issues or other concerns, you may also be exempt from a MIAM. What partly makes mediation so effective is that it is voluntary ? and making it compulsory would take away this advantage.

When is mediation mandatory? North Carolina law only requires divorcing spouses and or parents who are no longer in a relationship to attend mediation in two situations: If parents wish to take their child custody dispute to family court; or. If divorcing spouses want to take their property division case to court.

North Carolina is one of many states that have abolished the maternal preference, favoring the mother of the child. The presumption assumes that the mother is the most apt and capable of caring for the child during his or her early years.

Do I Have to Go To Mediation Before Court? Yes, attending mediation (a MIAM, or Mediation Information and Assessment Meeting) is a required step before going to court in most cases.

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Charlotte North Carolina Order on Child Custody Mediation