Children FAQs
- Who will get custody of our children?
- Who will get custody of our children?You and your spouse can decide which of you will have custody of your children. If you are unable to resolve this question, then a court will resolve the issue of [...]
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- What is joint custody? What is sole custody?
- 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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- If both parents share custody does anyone pay child support?
- If both parents share custody does anyone pay child support?Yes, in North Carolina both parents are responsible for paying child support and there will always be a payment except in the unusual [...]
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- Can a parent refuse to allow visitation if child support is not paid?
- Can a parent refuse to allow visitation if child support is not paid?Although many clients think they can tie child support payments to visitation privileges, it is important that you understand that [...]
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- What impact could my dating have on child custody?
- 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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- Do children get to decide who they will live with?
- Do children get to decide who they will live with?Wishes of the child. Our North Carolina cases provide that the wishes of a child of "sufficient age to exercise discretion" are [...]
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- What rights do grandparents have to custody and visitation in North Carolina?
- 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?
- 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?
- 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?
- 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?
- 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?
- 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 [...]
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- What is the standard that guides the judge's decision?
- 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?
- 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?
- 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?
- 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?
- 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?
- 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 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?
- 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?
- 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?
- 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?
- 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
- Will my child have to speak in courtYour 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?
- 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?
- 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?
- 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?
- 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?
- 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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- If I have custody will I receive child support payments?
- If I have custody will I receive child support payments?The court will order that child support be paid to the custodial parent by the non-custodial parent. In North Carolina child support payments [...]
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- How is child support determined? What are the North Carolina Child Support Guidelines?
- How is child support determined? What are the North Carolina Child Support Guidelines? All states have adopted guidelines that set automatic rates of child support according to certain variable [...]
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- What factors impact child support amounts?
- What factors impact child support amounts? There are four adjustments that can have an impact on the amount of child support owed by a parent: preexisting child support obligations and responsibility [...]
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- How is child support determined if the combined gross monthly income is greater than $200,000?
- How is child support determined if the combined gross monthly income is greater than $200,000? monthly income exceeds $200,000 per year. In such cases, the parties either need to negotiate an amount [...]
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- What role do stocks options and IRAs play in determining child support?
- What role do stocks options and IRAs play in determining child support?Stock options and IRAs can be considered income for calculating child support amounts. Read these articles by Laura Wish Morgan [...]
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- What responsibilities do grandparents have for paying child support?
- What responsibilities do grandparents have for paying child support?In rare circumstances grandparents have responsibilities for paying child support. Read this article by Laura Wish Morgan on [...]
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- How long is child support paid or received? Are there any exceptions?
- How long is child support paid or received? Are there any exceptions?Child support is available under North Carolina law during a child's minority (until age 18). If a child is otherwise [...]
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- What can I do if my spouse refuses to pay child support? What are the options if child support is not paid on time or in full?
- What can I do if my spouse refuses to pay child support? What are the options if child support is not paid on time or in full?Where child support is agreed to in a separation agreement, or ordered by [...]
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- Can my spouse avoid paying child support if he files bankruptcy?
- Can my spouse avoid paying child support if he files bankruptcy? No, child support obligations are not dischargeable in bankruptcy court.
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- Will it be necessary to have a hearing to decide child support? What will be involved in a hearing?
- Will it be necessary to have a hearing to decide child support? What will be involved in a hearing? No, child support may be settled between you and your spouse by written agreement or it may be [...]
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- What are the advantages to agreeing on a child support amount in a separation agreement?
- What are the advantages to agreeing on a child support amount in a separation agreement?Child support may either be agreed upon by the parties through a separation agreement or one party may request [...]
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- Is it possible to deviate from the child support guidelines? Can a judge deviate from the North Carolina Child Support Guidelines?
- Is it possible to deviate from the child support guidelines? Can a judge deviate from the North Carolina Child Support Guidelines? A judge in North Carolina is also permitted to deviate, upwards or [...]
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- What statutes apply to child support? What is an action for child support?
- What statutes apply to child support? What is an action for child support? A number of provisions in Chapter 50 of the North Carolina General Statutes govern child support. These statutes, and a few [...]
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- What needs to be included in a complaint, counterclaim, or motion for child support?
- What needs to be included in a complaint, counterclaim, or motion for child support? A complaint, counterclaim, or motion in the cause for child support should contain certain information: the [...]
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- In making a claim for child support, who needs to fill out a financial affidavit? What information will the parties need to provide?
- In making a claim for child support, who needs to fill out a financial affidavit? What information will the parties need to provide? Local court rules address whether one or both parties must [...]
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- Who can make a claim for attorneys fees in a child support matter?
- Who can make a claim for attorneys fees in a child support matter?The custodial parent may have a claim for attorney's fees if the fees are reasonable, the action is for child support only, the [...]
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- Can the courts overrule child support amounts in separation agreements?
- Can the courts overrule child support amounts in separation agreements? No matter what the child support provisions in a separation agreement say, they are not fixed in stone. The court has both [...]
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- What are changed circumstances and how do they affect child support?
- What are changed circumstances and how do they affect child support? Changed circumstances may make the amount of child support go up or down. There are many, many ways in which this can happen. If [...]
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- How can child support be modified?
- How can child support be modified?Our courts apply two different standards when determining whether to modify child support, depending on whether the original award was embodied in a separation [...]
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- Once child support is determined, can it be appealed?
- Once child support is determined, can it be appealed? Once you have been awarded child support, your work or your attorney's work is not over. The court often requests that the child support [...]
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- How do I decide which child support worksheet to use?
- How do I decide which child support worksheet to use? The Guidelines set child support in all three potential custody arrangements -- sole, joint and split. "Sole" custody calculations [...]
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- How do I fill out the child support worksheets?
- How do I fill out the child support worksheets? There are several variables taken into account on the worksheets, one of them being gross income. The definition of gross income in the Guidelines is [...]
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- Is child support taxed to the recipient?
- Is child support taxed to the recipient? Child support is not taxed to the recipient, nor can it be claimed as a tax deduction by the payor. Internal Revenue Code Section 71 provides that alimony is [...]
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- What if claiming child support involves another state? What is the Uniform Interstate Family Act?
- What if claiming child support involves another state? What is the Uniform Interstate Family Act? Another potential avenue for relief with child support arrearages exists under the reciprocal [...]
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- Are stepparents ever required to pay child support for their spouse's child or children?
- Are stepparents ever required to pay child support for their spouse's child or children?Stepparents may be responsible to pay child support for children that are not of their marriage, but the [...]
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- If my ex-spouse remarries and has a child with the new spouse, will this affect the amount of child support that he or she will pay for our children?
- If my ex-spouse remarries and has a child with the new spouse, will this affect the amount of child support that he or she will pay for our children?Generally, the answer is no. If an ex-spouse who [...]
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