What is joint custody? What is sole custody?
Even where there has been an amicable settlement on the issue of a child’s principal residence, parents can get hung up on terminology. One parent

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What impact could my dating have on child custody?
Your spouse’s discovery of your interest in another woman or man (as the case may be) could unravel a settlement as to custody. The sudden or

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What rights do grandparents have to custody and visitation in North Carolina?
Please refer to our article on Grandparents’ rights for the answer to this question.

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Why should I have a written agreement about custody?
Of the many issues in domestic law, child custody is perhaps the most emotionally charged. For this reason, it can also become the most expensive

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Can a separation agreement including custody be incorporated into a divorce decree?
Within a separation agreement, the parties may agree to have the contract incorporated into a later divorce decree

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When can child custody be filed for or decided? Once child custody is agreed upon or ordered can it be modified?
The timeline for bringing claims or motions for child custody and visitation is long,

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What factors does a judge consider if we cannot agree on a custody arrangement and we have to go to court?
If custody goes to court, you should keep this in mind: the focus on the best interests of

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Can I get a temporary custody order? What is an ex parte order?
Our statutes also authorize a court with appropriate jurisdiction to enter temporary orders providing for the custody and support of children.

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What is the standard that guides the judge’s decision?
Welfare of the child. The dominant principle in all child custody actions, including actions to modify custody, is that custody will be

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Who decides a case if it goes to trial?
The trial court’s discretion. A judge, not a jury, hears child custody matters in civil district court. Because the trial judge has the opportunity to see

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What is visitation in North Carolina?
The non-custodial, secondary parent’s time with the child is commonly referred to as visitation. Visitation is viewed in North Carolina as a lesser version

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Can a judge order no visitation or supervised visitation?
It almost never happens in North Carolina that the non-custodial parent is denied any visitation time with a child. If the judge is persuaded,

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Can a parent’s rights to custody be given to other relatives or other people?
A parent’s right to custody. The right of a parent to have custody of his or her minor child is substantial and,

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Do the North Carolina Courts favor one parent over the other?
Most custody battles, of course, are not
between one parent and some non-parent relative or third party. Most custody fights are between

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If I have to prepare myself to go to court to determine custody, what should I know?
If you have to litigate custody, your most important allies in court will be all the people who have observed you

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What can I do to improve my chances of gaining custody if I have not been a terrific parent in the past?
When embarking on a custody battle, you should also remember that it is never too late to

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How will I present evidence if custody must be litigated in court?
In preparing for a custody case, be aware that your parenting skills and daily interactions with your children will be thoroughly

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What is a custody evaluation and when should one be conducted?
In close cases, it may be desirable to have a psychologist evaluate both parties and/or the child. If possible, it is best to have one

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What does a custody evaluator do?
In the usual case, the custody evaluator interviews the parents, both together and individually, one or more times. The evaluator also observes the child and the

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Will my child have to speak in court
Your child may not necessarily participate in the proceeding, even though his or her welfare is the focus of the proceeding. This is so because you, the judge and

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If my case goes to trial, who should my witnesses be?
Recent contact is also important with regard to the witnesses you have testify on your behalf. Witnesses should be chosen on the basis of not only

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What state has jurisdiction in custody matters? What is North Carolina’s Uniform Child Custody Jurisdiction and Enforcement Act?
North Carolina’s Uniform Child Custody Jurisdiction and

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What is the Parental Kidnapping Prevention Act?
The Parental Kidnapping Prevention Act of 1980 (PKPA) adopted by Congress also establishes standards regarding appropriate exercise of jurisdiction over

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If custody has to be enforced by civil contempt proceedings, can I receive attorney’s fees?
An order awarding custody is enforceable by civil contempt proceedings and disobedience to a court

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At any time can a parent change a minor child’s last name without the other parent’s permission?
In North Carolina, a parent may not change the name of a minor child without the consent of

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