There is a difference between legal child custody and physical child custody. Often this terminology is confused, which can lead to disputes when parents are trying to make major decisions affecting the child. Legal custody essentially means decision making. Physical custody, on the other hand, is where the child physically is – which parent they are spending the night with.
Most parents will share joint legal custody of their child. Thus, they will have equal input into decisions that are made for the child’s upbringing – what school they will attend, where they will go to the dentist, what church they will go to, and what sport they will play in the Fall. Sometimes, parents are not able to agree with each other on these types of issues. This is often the biggest area where disputes arise between parents after an order has been set in place. Some orders contain icebreaker language, which provides that the parents shall work together to make major decision, but that one parent will ultimately have the final decision making authority. Other orders will provide that the parents are each able to make decisions for different issues – dad, for example, may make all educational decisions, while mom makes all medical decisions. Another option is to force the parties to attend binding arbitration (sort of like a private trial) in the event they are unable to reach an agreement on a major decision. So – what does it mean to have legal custody of my child? How does this impact my relationship with my child? Legal custody provides you with the opportunity to actively provide input and make decisions on how your child is to be raised. Unless one parent is not interested, not involved, or simply unfit to make decisions for the child, this is almost always shared jointly. Regardless of what and how parties feel about each other, it is almost always in the child’s best interest to work together to make joint decisions on their upbringing. If you need to speak with an experienced family law attorney, please contact Adkins Law. Adkins Law is located in Huntersville and primarily serves Mecklenburg County and the Lake Norman area.
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What is the process for legitimation in North Carolina? If you need to speak with a family law attorney concerning legitimation, contact Adkins Law. Adkins Law has locations in Huntersville and Ballantyne for your convenience. If you need to speak with a family law attorney about modifying your child custody order, contact Adkins Law. Adkins Law has locations in Huntersville and Ballantyne. 1) Legal Custody: The parent(s) or person(s) who the Judge has appointed to make all the major decisions in the child’s life, such as, decisions about health/healthcare, education, and religion. In North Carolina the child does not have to live with the parent or person who has legal custody of them. The Judge could appoint two people jointly to have legal custody, known as “Joint Legal Custody,” or one person may be given legal custody, known as “Primary Legal Custody.” 2) Physical Custody: The parent(s) or person(s) who the minor child lives with on a day-to-day basis, who has actual, physical care of the child. The Judge may appoint two people jointly to have physical custody of the child, this is called “Joint Physical Custody.” The persons or parents who have join physical custody must share time with the child so that each person has regular contact with the child. However, this does not mean that the child must live with one parent/person half of the time and with the other parent/person the other half of the time. Keep in mind it is up to the Judge how much time the child will spend with each parent/person. The Judge may also appoint one person or parent to have sole physical custody, known as “Primary Physical Custody.” In this situation, one parent or person has the child in their care the majority of the time and the other parent or person may still have regular contact and overnight visits with the child. 3) Exclusive/Sole Custody: This means that only one parent has the form of custody. 4) Joint Custody: This means that two people or both parents share a form of custody. ***A common arrangement for custody is for both parents have joint legal custody and one parent to have primary physical custody, while the other parent has visitation rights. If you would like to speak with a child custody attorney, contact Adkins Law. We have offices in Huntersville and Charlotte for your convenience. When a family experiences a separation or divorce, a grandparent sometimes loses contact with their grandchildren through no fault of their own. We are often asked what rights the grandparent has, if any.
In North Carolina, a grandparent has the right to claim visitation with their grandchildren under certain circumstances, even over the objection of one or both parents. There are several statutes that permit a grandparent to maintain an action for visitation of their grandchild:
Understand that biological parents have a 14th Amendment right to care for a nurture their children. This is called the “Peterson presumption” in North Carolina, which provides that custody with a parent is presumed to be in the child’s best interest. The grandparent must overcome this presumption to obtain custody. Therefore, for a grandparent to prevail against a parent in an action for child custody, they must show that the parent(s) is either unfit, has neglected the child(ren), or has engaged in conduct inconsistent with their protected status (i.e., voluntarily giving up custody of a child to a non-parent). Grandparents, and non-parents bringing an action for custody, must prove their case with clear and convincing evidence. If you have questions regarding grandparent custody and visitation rights in North Carolina, contact Adkins Law. We have offices in Huntersville and Charlotte for your convenience. 1) How long do we have to be separated before we can file for divorce in NC? Under North Carolina General Statute (N.C.G.S.) § 50-6 provides that either party may apply for divorce but only “if and when the husband and wife have lived separate and apart for one year, and the plaintiff or defendant in the suit for divorce has resided in the State for a period of six (6) months.” 2) How long will divorce process take once the complaint is filed? It depends each county in North Carolina is different and has its own local rules and procedures when processing a complaint for absolute divorce. When the plaintiff files a complaint for absolute divorce, a defendant is entitled to 30 days to respond to the lawsuit. A defendant is may ask the Court for additional time in which to respond and in most cases a Court will allow a permit an additional 30 days for the defendant to respond to the complaint. If a defendant fails to respond to the complaint within 30 or 60 days if applicable, the plaintiff is entitled to proceed with their claim for absolute divorce. In Mecklenburg County, unlike some other counties, no court appearance will be required by either party for a Court to enter a judgment of absolute divorce. 3) What factors does the court look at in determining alimony? Under N.C.G.S. § 50-16.3A(a), “the court shall award alimony to the dependent spouse...upon a finding that the other spouse is the supporting spouse, and that an award of alimony is equitable after considering all relevant factors, including those set out in subsection (b) of this section.” N.C.G.S. § 50-16.3A(b) “In determining the amount, duration, and manner of payment of alimony, the court shall consider all relevant factors, including: (1) The marital misconduct of either of the spouses. [The court will consider all evidence of martial misconduct that has occurred during the marriage and prior to the date of separation.]; (2) The relative earnings and earning capacities of the spouses; (3) The ages and the physical, mental, and emotional conditions of the spouses; (4) The amount and sources of earned and unearned income of both spouses, including, but not limited to, earnings, dividends, and benefits such as medical, retirement, insurance, social security, or others; (5) The duration of the marriage; (6) The contribution by one spouse to the education, training, or increased earning power of the other spouse; (7) The extent to which the earning power, expenses, or financial obligations of a spouse will be affected by reason of serving as the custodian of a minor child; (8) The standard of living of the spouses established during the marriage; (9) The relative education of the spouses and the time necessary to acquire sufficient education or training to enable the spouse seeking alimony to find employment to meet his or her reasonable economic needs; (10) The relative assets and liabilities of the spouses and the relative debt service requirements of the spouses, including legal obligations of support; (11) The property brought to the marriage by either spouse; (12) The contribution of a spouse as homemaker; (13) The relative needs of the spouses; (14) The federal, State, and local tax ramifications of the alimony award; (15) Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper. (16) The fact that income received by either party was previously considered by the court in determining the value of a marital or divisible asset in an equitable distribution of the parties' marital or divisible property.” 4) What if I am military and live out of state? Can our divorce still be filed in NC? Yes, as long as one party resides in North Carolina for six months. The divorce will have to be filed in the county the NC resident resides in. 5) Is spousal support available while divorce is pending in court or only after the divorce has become final? It is up to the court to order that one spouse provide support to the other during the pendency of the divorce action and/or after the divorce has become final. Also, support that is awarded pending the final decree of divorce is not to extend beyond the period necessary for the prosecution of the divorce action. 6) When is considered to be abandonment by spouse? Abandonment occurs when a spouse intentionally moves out of the martial home with the intent to remain permanently apart without the consent of the other spouse, and without provocation by the other spouse. 7) Is your spouse entitled to alimony if they cheated on you? No. Under N.C.G.S. § 50-16.3A(a) provides that a spouse that is found dependent by the court is not entitled to alimony if he or she has had sexual relations with another person that is not their spouse at any time prior to the date of separation. 8) What if my spouse does not agree to the divorce, can I still go forward with the divorce? Yes. You can obtain a divorce decree whether your spouse agrees with it or not, as long as you and your spouse have been separated for one-year and one of you has been a resident of North Carolina for six-months prior to the filing of this divorce action. 9) What are the types of divorce that NC recognizes? North Carolina is a “no-fault” state which means that neither party has to prove fault of the other in order to file or be granted a divorce decree, you are only required to be separated for one-year and one of the spouses must have resided in NC for six-months prior to filing for divorce. Further, North Carolina recognizes two types of divorces: (1) “absolute divorce” and (2) “divorce from bed and board.” (1) “Absolute divorce” is like a no-fault divorce, either party can obtain, once you and your spouse have lived separate and apart for one-year. (2) “Divorce from bed and board” is not technically a divorce but rather a judicially authorized legal separation. There are six grounds for this type of divorce based on injury to the party filing for divorce as provided under N.C.G.S. § 50-7. “The court may grant divorces from the bed and board on application of the party injured…in the following cases if either party: (1) Abandons his or her family, or (2) Maliciously turns on the other out of doors. (3) By cruel or barbarous treatment endangers the life of the other. In addition, the court may grant the victim of such treatment the remedies available under N.C.G.S. § 50B-1. (4) Offers such indignities to their spouse as to render the condition his or her condition intolerable and life burdensome. (5) Becomes an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of the spouse burdensome. (6) Commits adultery.” [NCGS § 50-7] 10) Does North Carolina recognize common law marriage? No, North Carolina does not recognize common law marriage. If, however, you moved to North Carolina from a state recognizing common law marriage, you still may need to file for an absolute divorce. If you need to arrange a consultation with a family law attorney concerning separation and/or divorce, contact Adkins Law. We have locations in Huntersville and Ballantyne for your convenience. Adkins Law has locations in Huntersville and Ballantyne. Contact Adkins Law to arrange a consultation to discuss your family law, traffic, or estate planning legal needs. Step 1. Contact your county’s Department of Social Services who provides and arranges for adoptions services at no cost for children in the foster care system. Step 2. Department of Social Services will ask about your family background and composition. You will also be asked for a description of the child you seek to adopt. You must complete an application for adoption to begin the process. Step 3. You must complete the Pre-Placement Assessment. The assessment requires you to participate in a series of meetings with the social worker who will help you understand both the adoption process and your responsibilities as an adoptive parent. You may be required special classes known as Model Approach to Partnerships in Parenting-Group Preparation and Selection to prepare you to become an adoptive parent of a child from foster care. These parenting classes will provide you with important information about the skills needed to parent a child who has experienced loss and trauma. They will also help you determine your ability to provide a home for such a child. Step 4. Once your Pre-Placement Assessment is completed, your social worker will work with you to locate a child or sibling group whose needs can be met in your family. This may take some time so it is important to be patient during this time. Step 5. Once the child has been identified, a visitation plan is established so the child and your family can get to know each other before a placement is made. Step 6. You bring the child home. All children, even infants, will have a period of adjustment following placement which requires must patience, tolerance, and love during that time. Step 7. The supervisory period in North Carolina generally requires the child be in your home for six months before the adoption process can be complete. The social worker will visit your home to provide support and assistance during this period of time. Step 8. Legalize your adoption in court. It is highly recommended that an attorney be retained for filing the legal documents. However, adoptive parents can chose to file their own legal documents. If you chose to hire an attorney the legal fees are arranged between the adoptive parents and the attorney. The laws relating to adopting in North Carolina can be found in Chapter 48 of the North Carolina General Statutes. *For more information visit https://www.ncdhhs.gov/dss/adopt/ Adkins Law has offices in Huntersville and Ballantyne. Contact Adkins Law to arrange a consultation. Memorial Day is a federal holiday in the United States for remembering the people who died while serving in the United States' armed forces. This holiday, which is observed every year on the last Monday of May, originated as Decoration Day after the American Civil War in 1868. The Grand Army of the Republic, an organization of Union veterans, established Decoration Day as a time for the nation to decorate the graves of the war dead with flowers. By the 20th century, several Confederate holiday traditions, celebrated on different days, merged with Decoration Day, to form Memorial Day, which extended to honor all Americans who died while serving in the United States military. Adkins Law has locations in Huntersville and Ballantyne. To schedule a consultation, contact Adkins Law. |
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