North Carolina Child Custody and Child Visitation
The "best interests of the child standard" is used by North Carolina courts to guide child custody and child visitation decisions. The courts, to determine what is in the best interests of the child, use a number of factors under North Carolina law. Ideally, North Carolina courts will be able to limit their involvement if parents can amicably resolve any issues regarding child custody and child visitation. However, courts will intervene and make difficult decisions when they must. Additional issues regarding child custody and child visitation in North Carolina should be addressed to a North Carolina child custody attorney.
North Carolina Child Custody
Child custody orders are legal decisions given by a court that states whether one or both parents will obtain custody of a child. These decisions must be supported by facts that indicating what is in the best interests of the child. These orders must also include all terms of the custody, including a visitation schedule. Additionally, custody orders in North Carolina may allow for the child to be taken outside of the state. The failure to abide by a custody order can result in proceedings of both civil and criminal contempt.
Factors taken into account when assessing the best interests of the child for North Carolina child custody purposes includes:
The complex matters of the child custody process make it important to hire a North Carolina child custody lawyer when going through proceedings.
North Carolina Child Visitation Rights
Visitation rights refer to a noncustodial parent's right to visit and spend time with the child. This contact in North Carolina can be made in person or via electronic communication. Child visitation granted by a North Carolina court is a legal right given to the noncustodial parent, and interference with such by the custodial parent or other person can have legal consequences. When granting visitation rights, courts will do so as long as it is in the best interests of the child.
In granting electronic communication to fulfill a noncustodial parent's visitation rights, North Carolina courts consider the following: a) whether electronic communication is in the best interests of the child; b) whether the parents or child have the means to communicate electronically; and c) any other factor the court deems relevant to visitation via electronic communication. The court may set guidelines for electronic communication, such as hours, costs, and the level of communication between the parents necessary to facilitate the electronic communication between the noncustodial parent and child.
Grandparents are also eligible to receive child visitation rights under North Carolina law. This generally does not pertain to biological grandparents of a child that has been adopted by adoptive parents, unless a b relationship exists between the biological grandparents and the adopted child.
If a parent with child visitation rights received military temporary duty, deployment, or another order requiring him or her to move away for military purposes, then the court may delegate his or her visitation rights to a family member with a close and b relationship to the child. This is only if delegating such child visitation is not against the child's best interests.
When attempting to obtain child visitation rights, one should consult a North Carolina child custody attorney that has experience working on child visitation rights.