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A parent who has sole legal custody can make major decisions about the child's life without consulting the other parent.
Both legal parents have equal rights to the child if there is no custody order. ?Legal parents? are people officially recognized as parents on the child's birth certificate, a court order such as a child support or adoption order, or an affidavit of parentage.
A consent order is an agreement between two parents that is negotiated outside of court between the two parties and their attorneys. They create the terms of custody, and their attorneys submit it to the court for the judge to approve and sign.
In essence, a court order is one that is made by a judge and not usually negotiated between parties. A Consent Order is a court Order that contains terms that the parties have agreed to or consented to themselves.
A consent order (also known as a consent decree) is a decree or order made by a judge with the consent of all parties. It is not strictly a judgment, but rather a settlement agreement approved by the court.
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).
If your child's other parent somehow jeopardizes your child, you may find it necessary to seek sole custody. However, obtaining sole custody rights in North Carolina can be challenging. You will need to prove that it is in your child's best interest for their other parent only to have visitation rights.
Custody agreements are contracts between parents that aren't filed with the court. Attorneys warn that they can be difficult to modify or enforce, since they aren't court orders. Be sure to include information about how a court should handle breaches of the contract, in case you ever need to sue the other parent.