Mecklenburg North Carolina Custody Agreement
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FAQ
While some states allow children of a certain age to choose one parent over the other, there is no such law in North Carolina that would allow children to choose which parent to live with at a certain age. In other words, it does not matter whether your child is 5 or 15.
Legally, Your Child Can Refuse Visitation at Age 18 When your child reaches 18, he or she is an adult. Adults can decide who they spend time with. You will not be able to force your child to continue to see you. A family law court will no longer be able to enforce any possession or visitation clauses over an adult.
North Carolina child custody laws and courts do not recognize joint custody like most other states do. Instead, in a situation where joint custody would regularly be granted a judge will award primary custody to one co-parent and secondary custody to the other.
However, most judges will take into account a child's preference around the age of 12 or 13, along with other factors such as the child's intelligence, maturity, child's experiences with each parent and whether the child understands the decision being made.
As with many misconceptions about divorce and child custody, I am the bearer of unfortunate news when I share that North Carolina does not allow children (under 18) to choose what is in their best interests.
Parents can be obligated to pay child support even if they have joint custody of their children.
Joint legal custody. This term means that the parents will share in making all major decisions that affect the child. These decisions might include whether or not the child will go to private or public school, undergo elective surgery, or move with one parent to another state.
200bThere is no magic age under North Carolina law when a child can unilaterally stop visitation pursuant to a valid court order. Just as a child can't choose who they want to live with they can't choose whether they have to abide by a visitation schedule with a parent they don't want to see.
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.
The Reigning King of What Can Be Used Against You in a Custody Battle: Verbal or Physical Altercations. We wanted to start with the most simple pitfall to avoid: When tempers get high, it's quite alluring to get into a verbal sparring match with your ex-spouse.