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A common question that comes up when dealing with child custody issues for service members involves deployments. Can my ex use my past and / or potential future military deployments against me in our custody matter? In North Carolina, in a proceeding for child custody of a service member, a court may NOT consider a parent’s past deployment(s) or possible future deployments as the ONLY basis in determining the best interest of the child. The court MAY consider any significant impact on the best interest of the child regarding the parent’s past or possible future deployments. Thus, in determining what is in the best interest of the minor child for custody arrangements, military deployments of a parent may be considered as a factor, but may not be the only factor to consider in determining a custody arrangement. Contact Adkins Law if you wish to discuss your child custody issues with a family law attorney. There are several different types of Child Custody:
How is Custody Determined? Court will decide where the child will live and what type of custody will or should be awarded to each parent. If the parents have come to an agreement, the courts will often take that into consideration before making the decision for the family and the child. If no agreement can be made, then the court will choose based on the “best interests” of the child. The court considers a wide variety of factors to determine the best arrangement for custody of the child. The factors the courts consider:
Adkins Law can help you understand any and all complexities of your child custody case. Call Adkins Law today for more information and to schedule a consultation. A common question that arises is concerning the termination of parental rights. When parental rights are terminated, all legal ties between the parent and child are severed. This cannot be done consensually. A court must find grounds for the termination, and that the termination is in the child’s best interests.
In North Carolina, termination of parental rights proceedings are held in juvenile court before a district court judge. There is no jury. The petitioner (the person attempting to terminate the parental rights) must (1) show that there are grounds for the termination, and (2) that it is in the child’s best interests to terminate the parental rights. The petitioner must show by clear and convincing evidence that grounds for the termination exist, and that the termination is in the child’s best interests. NCGS 7B-1111 sets out several grounds for terminating parental rights in North Carolina. A petitioner needs to prove at least one ground to successfully have a respondent’s parental rights terminated. Some of the ground which justify a termination include abuse, neglect, willful abandonment, the assumption of child custody by one party and the failure to pay child support by the other, a child born out of wedlock with the failure to establish paternity or legitimize the child, the failure to provide proper care and supervision when the child needs specialized care, a conviction of a serious felony such as murder or a sexually related offense. Even upon the petitioner proving one of the grounds justifying termination, a judge must still find that the termination is in the child’s best interests. To that end, an evidentiary hearing must be held with sworn testimony. A parent cannot simply consent to the termination, even if they want to, fail to file a responsive pleading, or fail to appear at the termination hearing. Adkins Law is located in Huntersville, North Carolina and primarily serves Mecklenburg County, and the Lake Norman area. If you want to speak with an experienced family law attorney, please contact Adkins Law to arrange a consultation. We are here for the ones you love. Contact Adkins Law to arrange a family law consultation or estate planning consultation. In accordance with the federal Child Support Enforcement Act, each state has developed specific guidelines to calculate a range of child support to be paid, based on the parents’ respective incomes and expenses. Each state’s guidelines vary considerably, meaning that in virtually identical situations, the child support ordered in one state may be far more or less than that ordered in another state. Judges in some states are allowed a considerable amount of leeway in setting the actual amount, while other states have very strict guidelines that leave judges with very little leeway.
Factors Considered Regardless of the judge’s latitude, there are statewide guidelines put in place that specify factors that must be considered in determining who pays how much child support. These factors include:
When one parent does not work When income is received on an irregular, non-recurring, or one-time basis, the court may average or prorate the income over a specified period of time or require an obligor to pay as child support a percentage of his or her non-recurring income that is equivalent to the percentage of his or her recurring income paid for child support. Potential or Imputed Income: If the court finds that a parent’s voluntary unemployment or underemployment is the result of the parent’s bad faith or deliberate suppression of income, child support may be calculated based on the parent’s potential income. If a parent has no recent work history or vocational training, potential income should not be less than the minimum hourly wage for a forty hour work week. Third party consideration Guidelines do not apply to child support orders against stepparents or other persons or agencies who are secondarily liable for child support. They may, however, be a small factor to consider in offsetting some expenses that a parent would have otherwise been responsible for. Maxed out guidelines There are cases in which the parents’ combined adjusted gross income is more than 300,000 a year. When income exceeds this threshold, the normal child support schedule is maxed out. Inn cases that involve very high incomes, the courts will need to set the award on their own. When setting this award, the court must ensure that the amount of the award meets the reasonable needs of the child. When a married couple has a baby, North Carolina law states that both parents are automatically the legal parents of the child. This gives both mother and father all the rights and responsibilities of parenthood. This is not, however, the case with unmarried couples. When an unmarried couple has a child, the relationship between the father and the child is not immediately recognized. If an individual is in this type of situation and desires to have the obligations and benefits of having that parent-child relationship, one must establish paternity.
How to Establish Paternity There are four basic routes to establishing paternity in the State of North Carolina. The first and most common way of establishing paternity is already being married prior to the time of the child’s birth. The second route to establishing paternity is also in regards to marriage. If the father and mother marry after the child is born, their child is legitimated retroactively, meaning going all the way back to birth. The two other routes used to establish paternity that do not involve marriage are the following: Sign an Affidavit of Parentage Signing the affidavit is a totally voluntary process. An affidavit of parentage is a legally binding document that is very difficult to overturn. Many unmarried couples prefer to sign the affidavit at the hospital or birthing center. Because an affidavit is a sworn statement, the mother and father must sign it in the presence of official witnesses. By signing an affidavit, the mother and father are agreeing that the father is the biological and legal father of the child. This affidavit also establishes the father’s obligation to pay child support and the child’s right to inherit from the father. An affidavit of parentage provides the father with standing to seek a custody order from the court. Lastly, both parents must agree in the affidavit if the father’s name should be added to the birth certificate. Judicial Process A paternity action can be presented in court by either of the parents, or by a lawyer for Child Support Services (CSS). The parties can settle the case on their own time or they can go to trial. If they choose to proceed into trial, the judge will decide whether the supposed father is the child’s legal and biological father. Either of the parties or the judge may request genetic testing, upon which everyone involved must submit to testing. If the results show a 97% probability of paternity or more, the court will establish paternity. Lastly, the judge will issue a final paternity order and make decisions regarding custody, visitation, and residency. 5 Benefits of Establishing Paternity o The parents can work together to make decisions that are in the best interest of the child. o Signing the affidavit secures the father’s right to go to court to ask for custody and visitation. o The child’s birth certificate will include the mother’s and father’s name. o The child is guaranteed the ability to access medical records from both sides of the family. o A child with a legal father has access to benefits, through the father, such as, social security, medical insurance, and other state, federal, and inheritance benefits. Congratulations to Attorney Christopher Adkins for being selected as one of the 10 Best Family Law attorneys for client satisfaction for 2017 by the American Institute of Family Law Attorneys!
Adults who plan their vacations in accordance to their work schedule experience difficulty when attempting to coordinate with their family’s busy activities. This is especially true with adults who share custody of their children with another parent. Parents who take their child across state lines in violation of a custody order can expose themselves to contempt of court charges and, potentially, charges of parental kidnapping.
Custody Order In some cases, adults share custody of their children under a court order that addresses the issue of out-of-state travel. In the event that the order allows or in does not prohibit traveling across state lines, a parent is permitted to travel with their children from state to state. However, it is imperative that traveling parents look for restrictions on their custody order. A common restriction in such an order is that the traveling parent must receive consent from the other parent to take the kids out of state. Even if the order does not require it, it is best to get the other parent’s consent in writing. Written consent could be helpful in case a dispute arises in the future. During Travel While traveling out of state, keeping the other parent informed of the itinerary can help ease tension. In most cases this is not a requirement. However, if the parent fails to abide by the terms of the court order or written permission of the other parent, the traveling parent could face civil or criminal penalties. A federal or state warrant may also be issued and the parent may face charges under the International Parental Kidnapping Crime Act. Custody Order Not in Place In some instances, parents want to travel out of state with their child, but custody is still pending or no order is in place. In this case, it is wise to seek the consent of the other parent or receive court approval. Establishing a record of unilateral actions without consulting the other parent can make a judge believe that that parent will not be able to effectively co-parent, and could potentially lead to modification of an existing custody order. |
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