At what age can a child make custody decision in North Carolina?
At what age can a child make custody decision in North Carolina?
While some states allow children of a certain age to choose one parent over the other, there is no such law in North Carolina that would allow children to choose which parent to live with at a certain age. In other words, it does not matter whether your child is 5 or 15.
How does joint custody work in NC?
North Carolina child custody laws and courts do not recognize joint custody like most other states do. Instead, in a situation where joint custody would regularly be granted a judge will award primary custody to one co-parent and secondary custody to the other.
Is NC A 50/50 custody State?
Does NC have 50 50 custody? Judges in North Carolina certainly have the authority to order 50/50 custody, but are under no mandate or direction to do so. In fact many Judges simply do not give joint custody as they believe that it is more important for a child to feel like they have the stability of one home.
What is the most common custody arrangement in NC?
The type of custody agreement that requires the greatest level of cooperation between a child’s parents is joint custody. Therefore, the most common custody arrangement a judge orders is primary custody for one parent, with visitation for the other (secondary parent).
Do you have to pay child support if you have joint custody in NC?
There is a common misconception that one does not have to pay child support if they have joint custody of their children. However, this is simply not true. In North Carolina (and many other states), the amount of child support is determined by three things: (1) Gross monthly income of both parents.
How many overnights is joint custody in NC?
122 overnights
That’s before dividing up parenting time because joint custody in North Carolina doesn’t necessarily mean 50-50 or equal custody makes child support with joint custody even more complicated. In fact, only one-third of the year needs to be spent with one parent (122 overnights) for it to be considered joint custody.
Do you pay child support if you have joint custody in NC?
What is considered joint custody?
Joint custody is called shared parental responsibility in the Family Law system. This means that both parents (or guardians) need to agree on significant decisions affecting the child’s or children’s welfare. One parent cannot make these decisions on their own, without consulting and agreeing with the other parent.
What is the difference between joint custody and primary custody?
There are different types of custody, including sole custody and joint custody. Sole custody means that one parent makes the major decisions about issues such as the child’s education, religion and health care. Joint custody under the Divorce Act means that both parents make major decisions about the child together.
How does child custody work in North Carolina?
In North Carolina, parents create their own agreement for custody without ever going to court and, if a case has already been filed, they can have the court approve a consent order on custody. Without a custody agreement, custody is “defaulted” as described in #1 above.
What’s the difference between joint and sole custody in NC?
3. What is the difference between Joint & Sole Custody? As legal terms, there is no difference between joint and sole custody because North Carolina law does not provide one. That doesn’t stop parents from getting stuck up on the terms, though.
What happens when parents have joint custody of a child?
If parents have joint legal custody, then they must consult one another and jointly make major decisions, such as where the child will attend school or whether the child will have a major medical procedure. If the parents cannot agree, a court may have to make the decision.
Can a birth parent get custody of a child?
It is very rare that a court does not permit at least visitation with the child (ren). Typically, the birth parents of the child are awarded custody; however, the law provides for custody by grandparents and other parties when necessary under the law. 3. What is the difference between Joint & Sole Custody?
