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One of the biggest mistakes parents make in custody battles is failing to communicate effectively. Poor communication can lead to misunderstandings and resentment, which can negatively impact your case. Instead, boosting your efforts to draft a custody agreement without divorce can help outline responsibilities and facilitate a smoother relationship between parents.
You can file a petition for child custody in your county's Superior Court. If you are divorcing, the petition will be included in your divorce papers. You must then serve, or deliver, custody forms to the other party using a process server or sheriff's office. There are two types of child custody: physical and legal.
A similar but more structured form of mutual agreement is mediation, which is a type of alternative dispute resolution (ADR). This is another way to reach a child custody agreement out of court. Instead of just the parents discussing custody issues, a mediator (who is a neutral third party) helps negotiate.
In order to get a court order for child support, custody, or visitation, you will need to file a Suit Affecting the Parent-Child Relationship, or SAPCR ("sap sir").
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.
As per the North Carolina child custody law for unmarried parents, the birth mother has post-natal custodial rights and can refuse visitation to the biological father until his right to custody is established. To challenge this, the father can file paternity action for child visitation or similar custody rights.