Child Custody, Visitation Rights
and Support....
Problems arise in the area of child custody, visitation
rights and support generally because of the separation or
divorce of the parents.
Children often imagine that they are the cause of their
parents’ divorce. It is therefore important that you make
it clear to your children that they are not the cause of the
separation. Your children need to know that they are
loved by both parents. You can ensure this by being
cooperative about visitation rights and other aspects of
custody and by being careful not to criticize the behavior
or character of the other parent.
Court actions involving children can be especially
damaging to everyone concerned, and in matters of
custody, parents should seek to place the welfare of the
child above all other factors as do the courts.
This page seeks to explain North Carolina laws on
child custody, visitation rights and support by answering
frequently asked questions about these matters.
Who is Entitled to Custody of
Children?
For many years, there was a presumption that all
other things being equal, the mother was not just the
best, but the natural parent to have custody of
children when a marriage dissolves. Many people
believe that courts continue to hold this belief and
that a majority of judges tend to favor the mother.
The truth is, the law favors neither mother nor
father, and neither should judges. The law requires
the court to decide on the basis of the welfare or best
interest of the child. In special circumstances,
custody may be awarded to someone other than the
natural mother or father. In making these difficult
decisions, the courts generally consider factors such
as the preference of a mature child, the health of the
parents, the stability of each parent’s home and the
closeness of each parent to the child.
In some instances, the courts will rule that joint
custody is in the best interest of the child. Joint
custody does not necessarily mean joint physical
custody. Of course, parents may make their own
agreements regarding the custody of the child;
however, if the court becomes involved because of a
dispute regarding the agreement, the court may
have the authority to change the parents’ agreement
if it feels a change is in the best interest of the child.
What are Procedures in Custody
Cases?
An attorney assists the person trying to obtain
custody by filing a civil suit in court. Frequently, the
suit for custody is part of the suit for divorce
between the parents. Testimony of the child may be
considered. Sometimes testimony from an expert
such as a child psychologist or psychiatrist will be
given in court. While a custody suit is being
decided, the court may enter an Order of Temporary
Custody.
Is Custody Ever Permanent?
No. Agreements between the parents as well as
court orders are always subject to change when
circumstances affecting the child’s welfare and best
interests substantially change. However, the courts
recognize that children need a stable environment
and therefore are reluctant to change custody unless
it is clearly necessary.
What are Visitation Rights?
The parent who does not have custody usually is
entitled to visit the child and to have the child visit.
The amount of time for such visitations depends
largely upon the child’s age and practical limitations
such as how far apart the parents live.
As in the case of custody rights, visitation rights
may be determined by the agreement of the parties
or by court order. In certain limited circumstances,
grandparents also have the right to ask the court to
set visitation times with their grandchildren. If the
parent with custody refuses to allow visitation with
the other parent, it may be obtained by filing a
petition with the court.
Who is Responsible for Support of
Children?
Both the mother and father are required to contribute
to the support of their child. This obligation exists
even if the parents are not married. It continues after
divorce and exists even when a parent has no right to
custody of the child.
In determining the amount of support which a
parent must provide, a court will take into account
the income and earning capacity of both parents and
the needs of the child. In almost all cases, the court
will use the tables and computations of the North
Carolina Child Support Guidelines to determine the
proper amount of child support. A copy of the guidelines
and worksheets can be obtained at the office of
the clerk of court.
Is Non-Support a Crime?
Yes. Willful neglect or refusal to provide adequate
support by either parent is a criminal offense.
Also, willful failure to obey a court support
order may be contempt of court for which a person
may be imprisoned.
Can the Amount of Support
Ordered by the Court be Changed?
Yes. Either parent may seek a change (increase or
decrease) of a support order if a substantial change
in circumstances has occurred since the order was
made.
When a Parent Moves Out of State
North Carolina and other states have a uniform
law under which support orders from one state may
be enforced and collected in the state where the
supporting parent has moved. You should not
remove a child from a state without consulting your
lawyer.
Child Support After 18
The court may order child support for children
until they turn age 18 unless they have not completed
high school at that age. In that case, child
support will usually be ordered through completion
of high school but not beyond age 20. The court
cannot order a parent to contribute to a child’s college
expenses, but parents may agree to such payments in
a binding separation agreement.
How Can I Locate an Attorney if I
Have Custody, Visitation or
Support Problems?
If you have to retain a private attorney and do not
know how to find one, you should contact the N.C.
Lawyer Referral Service which is listed in the yellow
pages of your telephone directory under “Attorneys.”
If you do not believe you can afford a private
lawyer, you should contact the Legal Services Office
in your county. Each county also has a child support
enforcement agency you may contact for help in
obtaining child support.
