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.

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.