Any parent can apply for custody, whether the parents are separated, divorced or never married. Third parties, such as grandparents, family members or others who have cared for the child, may apply for custody or access in certain circumstances. To obtain custody, non-parents must prove that the parents are unable to care for the child or that they have not acted in accordance with their rights as parents, for example by letting the child be raised by a non-parent. Grandparents may also receive visits in certain circumstances if there is a custody case between the parents. Non-relatives seeking custody must prove that they have a close relationship with the child. What is the difference between legal custody and physical custody? However, custody can only be established amicably if the defendant spouse has not contested the application for divorce. If the defendant has contested the divorce, you will need to go to court to settle custody arrangements. Parents who share custody both have the right to make decisions about these aspects of their children`s lives, but they do not have to accept all decisions. Each parent can make a decision for themselves. But to avoid problems and end up in court again, both parents should communicate with each other and work together to make decisions together.
After a judge makes a custody or access order, 1 or both parents may want to change the order. Typically, the judge approves a new custody and access order, which both parents accept. If the parents cannot agree on a change, 1 parent can apply to the court for a change. This parent will likely have to fill out certain forms to request a court hearing and prove to the judge that circumstances have changed significantly (e.g., the children would be harmed if the order was not changed) or some other good reason to change the order. Both parents will likely need to meet with a mediator to discuss why the court order needs to be changed. Can my child talk to the judge about what he wants? If a judge signed a custody order in your previous case, you will need to change that order instead of filing a new case. In general, your application for variation must be filed with the court that made the original decision. In some situations, if your previous case has been rejected, you can file a new custody case. See below for more information on the change. In North Carolina, you can file a custody case in the county where one of the parties lives. Custody includes the right to make important decisions about a child and the right to have the child in your care.
Access is a secondary form of custody that includes the right to visit a child at times specified in a court order, sometimes under certain conditions. The term “visit” is often used to refer to a person`s parental leave when it is relatively limited. It is important to consult a qualified and competent lawyer before signing custody agreements. An experienced attorney can ensure that the custody agreement complies with your state`s laws and considers both your child`s best interests and your own best interests. Finally, they can help you submit the custody agreement to the court for approval. Custody orders remain in effect until the child turns 18. If life circumstances change and the custody order needs to be changed, a party may file an application for a change of custody. To change custody, they must prove that the circumstances that will affect the child`s well-being have changed significantly.
Each custody arrangement results in a parenting plan. A parenting plan is a type of agreement between parents that sets out each parent`s schedule, duties and responsibilities for their child. The parenting plan also includes information about parental rights and the rights of other parties who may be involved in the child`s life, such as grandparents or stepparents. There are two types of custody: physical and legal. The child lives with the party with physical custody. The custodial party may make important decisions for the child. When legal or physical custody is shared, a parent or guardian is designated as the primary custodial parent and has the final say in parenting decisions. Many judges prefer that children wait outside the courtroom rather than watch the trial. Many judges speak to children “in a chamber,” that is, in a separate room without the presence of the parents, instead of having the child testify in the courtroom. For many single parents who want to apply for custody but cannot afford a lawyer, the custody application itself is a viable alternative.
Even if you work with a lawyer later, you can teach yourself how to go through the process itself to be your best lawyer. Controversial cases of custody or visitation where parents cannot agree are complicated. Talk to a lawyer to understand how the law affects you and your rights. Click here for help finding a lawyer. You can file an application for an order to explain the reason or a contempt motion to ask the judge to convict the other parent for violating the contempt of court order. If the judge finds that the other parent violated the order, he or she will decide on the appropriate sentence. Penalties for contempt of court may include a verbal reprimand, fine, imprisonment, or an obligation for the party to pay the other party`s attorney`s fees. If you are able to do so, you should discuss the matter with a lawyer as soon as possible. You must respond to the claim by submitting a response within 30 days of service of the subpoena and complaint. You should also attend all mediation and court hearings.
You won`t be arrested if you don`t show up in court for your custody case. However, if you do not attend mediation or hearings, you lose the opportunity to tell the judge your side of the story and apply for custody or access. An emergency detention order, sometimes called an ex parte order, is an immediate and short-term detention order that a judge can issue in limited emergency circumstances without hearing the other party. Grounds for granting custody include situations where a child is at significant risk of assault, sexual abuse, or removal from North Carolina in order to circumvent the authority of North Carolina courts. Law enforcement agencies can help restore a child through an emergency custody order. If an emergency detention order is made, a hearing must be scheduled so that both parties have an opportunity to be heard. You should consider hiring a lawyer if you need to apply for emergency detention because the process is complex. Visits (also known as “timeshare”) are the plan for how parents will spend time with children. A parent who has the children less than half the time has visits with the children.