Divorce North Carolina Custody

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Every state has its own set of laws for varied issues that are resolved during general divorce cases. The divorce process in North Carolina includes the fulfillment of specific legal formalities which are defined by state laws. Child custody is one of the major issues that is sorted after proper investigation and after understanding the choices of the child involved. During divorce custody in North Carolina, the judge can issue a custody order of a minor child that mentions that the child may be moved outside this state. However, some orders may specify the return of the minor to North Carolina. In case of these orders, the judge can demand the person who has custody out of this state to issue bond or other security that is conditioned upon the minor's return to this state.

Visitation Rights of Grandparents in Divorce North Carolina Custody

  • In the discretion of the court, if it seems apt, the custody order of a minor child may comprise of visitation rights of the grandparents
  • The term "grandparent" implies the biological grandparent of a child, who has been adopted by a relative of the child or a stepparent. However, a significant relationship must be present between the child and the grandparent
  • Let us consider the following scenario:
    • The parental rights of both biological parents have been ceased
    • The child is adopted by adoptive parents and none of these parents are related to the child. In this scenario, the biological grandparents of the child are not eligible for visitation rights

Factors Considered Before Finalizing the Visitation Rights

In North Carolina, all crucial decisions such as settling a definite visitation schedule is actually conducted after referring the suitable laws and rights of this state. Some of the essential factors are:

  • The child's age group because children of certain age level are consulted in order to know the reasonable preference of that child. However, the minimum age group may differ from one state to another.
  • The child's school routine and participation in extra curricular activities
  • Ability of each parent to care and support the child
  • Distance between the residences of both the parents

Impact of dating on Divorce North Carolina Custody

The terms "husband" and "wife" can be used interchangeably in the following description:

  • Let us assume that a wife has discovered that her husband is dating another woman. This can disentangle a custody settlement
  • The wife may consider the unexpected entry of another parent figure in the life of her child as an intimidating disruption
  • Several wives react to such dating by emphasizing that the child should be completely shielded from the new girlfriend of their husbands
  • Irrespective of any situation, the wife uses the presence of the girlfriend to prevent her husband from getting custody of the child

There have been examples of appellate cases in this state, where the court has contradicted the last point mentioned above on the basis of specific facts in these cases. Nevertheless, it is a fact that if the wife proves that the dating has led to the following:

  • Considerable distraction of the love life of the wife
  • Neglect towards the child

In such a case, the state of the husband in the custody case is significantly weakened.

Crucial tips associated with divorce custody laws

Divorce custody laws of this state allows the divorcing parents to have fair and suitable custody responsibilities. Some of the major rules are:

  • Either of two partners are allowed to file for child custody during his or her divorce time
  • Courts of this state do not consider the gender while granting custody responsibilities to the parties
  • Both the parents are allowed to present the common agreement regarding the child custody prepared by themselves
  • In North Carolina, attending mediation can greatly contribute before sorting all marital disputes in front of the court

Intentions of mediation in Child Custody and Visitation

  • Decrease in the re-litigation of custody and visitation conflicts
  • Facilitation of a cooperative resolution of custody and visitation conflicts by offering a non adversarial, confidential and structured setting. This would lead to minimization of the anxiety and stress of both the divorcing parents and their children.
  • Offering informed choices to the parents. Moreover, whenever possible, offering the parents the responsibility of making decisions regarding this topic
  • Development of an agreement pertaining to these issues that is in the best interests of the child
  • Reduction of the bitterness that exists between the parents due to custody and visitation disputes

The laws related to divorce custody in North Carolina are followed to grant specific child custody to the concerned divorcing parties. This specific child custody is decided only after considering the best interest of the child.

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