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What Does Sole Legal Custody Mean in North Carolina

Parents in North Carolina can apply to the court for sole or exclusive custody. Under this agreement, the custodial parent makes all important decisions that affect the child. The custodial parent has full legal and physical custody of the child at all times. However, the court may order that the non-custodial parent has continued contact with the child through visits. Judges decide on custody of children based on the «best interests of the child». This decision can include many factors, such as the parents` situation, each parent`s ability to care for the child, the child`s relationship with each parent, and any other factors that affect the child`s well-being. While fairness to parents is important, it is secondary to the well-being of the child. A party`s shortcomings as a spouse or relationship partner usually only carry significant weight if they also affect the party`s parenting skills. A lawyer can advise you on the most relevant factors in your specific case. Sole custody exists when one of the parents has the power to make these decisions himself.

It is important to enter into an agreement that establishes physical and legal custody of both of you. This way, you can try to make the most of a difficult situation. While it`s not very common for one parent to apply for sole custody, it could be a good option if your child`s other parent is an alcoholic or addict or if you`re worried they won`t be able to protect your child. Even in a case of sole custody, the other parent may be granted access rights, but may only be for a few hours instead of spending the night. Most often, judges decide that it is in the best interests of the child for the parents to have joint custody, which means that the child spends time with both parents, although this does not necessarily mean the same amount of time. For example, joint custody can be a week with one parent and a week with the other, it can be weekends with one parent, weekdays with the other or another child care plan that the parents agree on or that the judge presents. In cases where one child spends more time with one parent than the other, it can be said that one parent has primary custody while the other has custody of visits or secondary custody. There is a minimum policy of one visit during the week and every other weekend for it to be considered a joint custody. Custody orders from other states apply in North Carolina. In general, even if you and/or the child moved to North Carolina from another state, a home state judge will continue to make decisions in your case as long as one of the parties still lives there. If everyone has left the home state, you can ask the North Carolina courts to take over your case.

If you want a North Carolina judge to enforce or change your order outside the state, you must first register the order in North Carolina. You can find the petition to register a custody order from another state or country here. Temporary orders are intended to implement a plan until a more permanent hearing can take place. In the case of interim measures, the order must specify a specific and precise date for the resumption of work in order to return to a hearing on the merits. North Carolina does not require a judge to consider the child`s preference when deciding custody, but the courts have this option and many will use it. While some states set a certain age at which a child can testify on their own behalf, North Carolina courts make this decision on an individual basis after considering the child`s maturity. Rarely, the child is exposed to the stress of being placed on the witness stand. He is interviewed on camera, which means that his testimony is recorded in a more relaxed environment in the judges` chambers and by the judge rather than the opposing lawyer. Sections 50 to 13.2 of Chapter 50 of the General Statutes of North Carolina provide that, in contested custody cases, courts must consider all relevant factors in determining the best interests of the child, with each parent having the option of seeking joint custody. North Carolina`s custody laws protect the child. Under custody laws, family courts have jurisdiction over custody cases and grant custody on the basis of the best interests of the child. Joint custody means that both parents share their home with their children.

In general, a child can spend one week with one parent and the next week with another parent, or parents can choose to divide each week. Often, joint custody can become a bit tricky for everyone involved, allowing parents to decide that primary and secondary custody is a better choice. .

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