Grandparents’ Visitation and Custody Rights

Grandparents have only limited rights to visitation or custody in North Carolina. Generally, grandparent’s time with their grandchildren is derivative of the time the children spend with their parents – in other words, the grandparents visit with their grandchildren only during the time the grandparents are visiting with their grandchildren’s parents. In regard to custody, grandparents are...

Visitation Rights

One parent can be awarded more physical time with their child or children than the other parent. This is called primary custody. In this event, the parent with less time is awarded visitation. If there is a history of domestic violence or drug abuse, the abusing parent may be limited to supervised visitation or even no visitation. Visitation is a way to maintain a healthy relationship between...

Types of Child Custody

There are several custody designations – physical custody and legal custody, sole custody and joint custody, and emergency custody. The custody arrangement should be practical for both parents. Both parents should be able to have a steady, relevant presence in the life or lives of their child or children. Physical custody indicates with whom a child or the children will physically live. Legal...

The Child Custody Legal Process

Usually, child custody arrangements are made voluntarily by the parents. The agreed-upon terms can be made part of their separation agreement or they can draft a separate parenting agreement. In either case, it is a good idea to obtain a consent order from the court to formalize the terms of the custody agreement. This can help to minimize future disagreements and makes enforcement of the...

How Child Custody is Awarded in NC

Child custody arrangements determine how separated or divorced parents will share the rights and responsibilities of their children’s lives and welfare. The focus of a custody arrangement is always the best interests of the child. In North Carolina, there is no presumption that the mother is a better parent than the father, children are not allowed to determine with whom they will live –...

Alimony, Property Division, Child Custody and Support

During the separation period and prior to the divorce being granted, couples typically begin dealing with settlement issues such as child custody and support, post separation support and division of property. It is important to understand that if claims for certain rights are not filed before entry of the divorce decree occurs, entitlement to those rights are lost. Claims which will be barred...