North Carolina Child Custody and Visitation Questionnaire

State:
Multi-State
Control #:
US-Q1006
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a child custody and visitation matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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  • Preview Child Custody and Visitation Questionnaire
  • Preview Child Custody and Visitation Questionnaire
  • Preview Child Custody and Visitation Questionnaire
  • Preview Child Custody and Visitation Questionnaire
  • Preview Child Custody and Visitation Questionnaire
  • Preview Child Custody and Visitation Questionnaire
  • Preview Child Custody and Visitation Questionnaire

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FAQ

There are several arrangements that are more popular than others, including legal custody, physical custody, sole custody, joint legal custody, and sole legal custody. Of these, joint legal custody is the most common custody arrangement.

The age of majority in North Carolina is 18 years old and this means your child custody order governs visitation until a child turns 18 or is emancipated. In some states, the child can decide which parent they want to stay with, but the visitation order is still valid until the child turns 18.

What exactly is an unfit parent in the eyes of the law? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

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.

North Carolina law requires reasonable visitation unless the non-custodial parent is unfit, or contact with that parent is not in the child's best interests. If you have questions about your options, an experienced family law attorney can help you understand what might be the best path forward for you.

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.

Only the court can deny visitation to a parent, which only happens if it has been established that the non-custodial parent threatens the children's safety. The threat could be abusive behavior, neglect, or drug use. Each parent is expected to respect the custody agreement under penalty of contempt of court.

You should meet with an attorney to discuss steps. For example, you might ask the judge to modify custody. A judge could limit the other parent's access to the children or change the visitation schedule.

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North Carolina Child Custody and Visitation Questionnaire