Filing for Child Custody in North Carolina
Child custody refers to a parent who becomes a child's primary caretaker, while the non-custodial parent has visitation rights. Child custody can also define whether both parents have the right to make decisions regarding the child's health care and education. Before filing for child custody, it's a good idea to seek a lawyer's advice. Each child custody case is unique; a lawyer can advise you of your options and take care of the paperwork for you.
Other People Are Reading
Instructions
-
-
1
Consult with a lawyer. Discuss the different types of custody, such as joint custody, sole custody, legal custody and physical custody. Decide which arrangement would be in the best interest of your child. Your lawyer can draft and file the necessary documents, such as a petition for child custody.
-
2
Attend a mediation session. According to the North Carolina Court System, the state requires parents to attend mediation. Attending this session with an open mind is critical; although you may not wish to have contact with the other parent, discussing parenting issues is in the best interest of your child. Mediation is an attempt to develop a custodial and parenting plan, which also includes plans for the child's education and health care.
-
-
3
Go to a court-approved parenting course. You and the other parent may be unable to agree to a custody plan in mediation. In this case, North Carolina requires you and the other parent to attend a parenting course before going to court, according to Carolina Dispute Settlement Services.
-
4
Attend the court hearing. Several hearings may be required to resolve a child custody issue. You and your lawyer will have to prove to the judge that your child custody plan is in the best interest of your child. Prepare to provide documents regarding any mental health issues, substance abuse or criminal records that may apply to both you and the other parent. Prepare to negotiate and compromise with the other parent. For example, instead of seeking sole custody, consider agreeing to a visitation plan.
-
1
References
Resources
- Photo Credit Legal Law Justice image by Stacey Alexander from Fotolia.com
