Forms To Petition For Child Custody In North Carolina
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Of these, joint legal custody is the most common custody arrangement. This is where both parents are involved in the decisions regarding how their child is raised.
Typically, sole custody, both legal and physical, is only awarded when the judge determines a parent is not fit due to issues such as: History of abusing the child. History of abusing the other party. Drug or alcohol abuse. Inability to provide a safe, stable environment. Physical and emotional health problems.
Judges decide child custody based on “the best interests of the child.” This decision can include many factors, such as the parents' living arrangements, each parent's ability to care for the child, the child's relationship with each parent, and any other factors affecting the welfare of the child.
How to Prove Child Abandonment Documentation that you have not received any financial support from the other parent for a significant period of time, such as more than six months or one year. Testimony that the other parent has not had contact with the child for a significant time.
Both legal and physical custody can be either shared by the parents or held solely by one parent.
You may be wondering: Can one simply give up their parental rights in North Carolina? The short answer is “no” — you cannot voluntarily relinquish parental rights or parental responsibilities. Instead, there must be a court proceeding in which the judge orders termination of parental rights (TPR).
A parent who has willfully abandoned a child for at least 6 consecutive months (or an infant for at least 60 consecutive days) can have their parental rights terminated. Abandonment involves a parent's intention to give up their parenting duties and claims. This generally requires showing more than simple neglect.
You are not required to hire an attorney, but child custody cases are often factually complicated and require the presentation of witnesses and documents. If you represent yourself in court, you will be held to the same rules of evidence and procedure as a licensed attorney.
