A stipulation is an agreement made by parties or by their attorneys in a judicial proceeding before the court. Stipulations are often made on procedural matters. Stipulations are also sometimes made regarding factual matters not in dispute in order to save time required in producing evidence in court.
There are two kinds of custody: legal custody and physical custody. Custody battles most often arise in a divorce or separation, requiring a court's determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. When both parents share custody of a child after a divorce it is called joint custody. Joint custody may be either legal or physical custody. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial person(s) the right to make decisions for the child's welfare. Child custody can be decided by a local court in a divorce or if a child, relative, close friend or state agency questions whether one or both parents is unfit, absent, dead, in prison or dangerous to the child's well-being. In such cases custody can be awarded to a grandparent or other relative, a foster parent or an orphanage or other organization or institution. In some jurisdictions, if a child is old enough, their preferences are taken into consideration.
The basic consideration on custody matters is supposed to be the best interests of the child or children. Mental anguish suffered by the child due to visitation or lack thereof is one factor that may be considered in determining a child's best interest. In most cases the non-custodial parent is given visitation rights, which may include weekends, parts of vacations and other occasions. The custody order may be modified if circumstances warrant.
Title: Understanding North Carolina Stipulations Regarding Joint Custody of Children Keywords: North Carolina stipulation, joint custody, children, legal requirements, types Introduction: North Carolina's stipulations regarding joint custody of children determine how parents share responsibilities and make important decisions related to their children's welfare after separation or divorce. This article aims to provide a detailed description of the state's regulations concerning joint custody, including the different types available. 1. Sole Custody vs. Joint Custody: In North Carolina, sole custody grants one parent exclusive rights and responsibilities for the child's upbringing, while joint custody allows both parents to participate equally. However, the state generally favors joint custody arrangements unless it is not in the child's best interests due to specific circumstances. 2. Legal and Physical Custody: Legal custody involves decision-making authority regarding the child's education, healthcare, and religious upbringing. Physical custody determines where the child primarily resides. In joint custody, both legal and physical custody can be shared jointly or awarded to one parent. 3. Joint Legal Custody: Joint legal custody grants both parents equal rights and responsibilities to make major decisions regarding the child's well-being. Both parents must collaborate on important matters, consult each other, and reach a consensus on issues such as education, healthcare, extracurricular activities, religious upbringing, and more. 4. Joint Physical Custody: Joint physical custody refers to a situation where the child spends substantial periods of time with both parents. Shared physical custody schedules can vary widely, ranging from one week on, one week off, to alternating weeks or flexible arrangements tailored to fit the family's needs. The court expects parents to develop a comprehensive parenting plan detailing physical custody schedules and arrangements that prioritize the child's best interests. 5. Factors Influencing Joint Custody Decisions: North Carolina courts heavily consider the best interests of the child when establishing joint custody arrangements. Factors taken into account include the child's preference, both parents' willingness to cooperate, their ability to provide a stable environment, any history of domestic violence or substance abuse, and the proximity of the parents' residences. 6. Modifications and Enforcement: If circumstances change, either parent can petition for modifications to the custody arrangement. However, the court must determine that it is in the child's best interests before approving any changes. In cases of non-compliance or disputes, parents can seek court intervention and enforcement of the stipulated custody terms. Conclusion: North Carolina's stipulations regarding joint custody of children prioritize the best interests of the child and encourage active involvement from both parents. By understanding the different types of joint custody, legal and physical aspects, and the factors influencing court decisions, parents can work toward establishing a harmonious co-parenting relationship that ensures the well-being of their children. Remember, it's crucial to consult with an experienced family law attorney for personalized guidance throughout the legal process.
