North Carolina Divorce Law – Raleigh Divorce Lawyer
Divorce Laws, Forms, Calculators, and Family Law Help
Quickly find the answers you’re looking for as it pertains to Child Custody in North Carolina.
The timeline for bringing claims or motions for child custody and visitation is long, stretching throughout a child’s minority. The child custody action can be brought either independently or it can be joined with an action for absolute divorce, divorce from bed and board, annulment, or alimony without divorce. With regard to absolute divorce, the […]
Read More
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 the parties and witnesses firsthand, the judge may exercise broad discretion in making a custody determination. The lesson here is to know one’s judge prior to trial and to […]
Read More
It almost never happens in North Carolina that the non-custodial parent is denied any visitation time with a child. In fact, there is a strong preference in our state for family court judges to order custody be shared by each parent. Sometimes however, circumstances exist that will result in a judge deviating from this preference. […]
Read More
If you have to litigate custody, your most important allies in court will be all the people who have observed you interact with your child. These potential witnesses include relatives, teachers, doctors, daycare workers, neighbors and friends. Such witness testimony will be most helpful where the witness has seen your recent activities and interactions with […]
Read More
In preparing for a custody case, be aware that your parenting skills and daily interactions with your children will be thoroughly inspected by a judge. You will want to continue being the best parent possible. The people who have had close contact with you and your children may be called as witnesses, when it comes time […]
Read More
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 professional do all of the evaluations to provide a uniform standard and level of continuity. This process is generally known as a “custody evaluation.” A custody evaluation involves hiring a mental […]
Read More
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 child’s interactions with each parent; and the evaluator may interview other people who are significant in the child’s life. It is not unusual for the professional to administer some […]
Read More
We often hear from many parents who strongly desire for their children to be able to be present in court and to tell a judge how much they want to stay with one parent and not with the other. However, custody hearings typically do not play out this way. First, many child custody matters are […]
Read More
The Parental Kidnapping Prevention Act of 1980 (PKPA) adopted by Congress also establishes standards regarding appropriate exercise of jurisdiction over custody matters among the states. The standards are much the same as those promulgated in the UCCJEA. However, under the PKPA, home state jurisdiction is paramount. Due to the Supremacy Clause in Article VI of […]
Read More
An order awarding custody is enforceable by civil contempt proceedings and disobedience to a court order can also be addressed in criminal contempt proceedings. Civil contempt can also be used as an enforcement measure during the pendency of the appeal of any order for custody. Our statutes allow, but do no require, the trial court […]
Read More
