Family Court Battle: Nc Law And Men's Rights

Child custody cases in North Carolina are emotionally charged and complex legal issues. The state's judicial branch provides resources for those navigating the family court system, including information on custody, visitation, and child support. While custody cases can be settled out of court, the court system provides guidelines for those who need to file a complaint or counterclaim. The state's primary consideration in child custody cases is the best interests of the child, including their stability, living situation, and educational needs.

Child custody

To ask a court for a child custody order, you must file a complaint in the county where your child lives. This document is your formal request for the court to grant you custody. After filing, the court usually directs you to a Custody Mediation Program, which helps parents reach an agreement without a judge's intervention.

If the case does go to court, a judge will consider a variety of factors, depending on the evidence presented by the parties. The main consideration is the best interests of the child, and the factors considered include:

• The child's educational needs.
• The primary caregiver.
• The need to keep siblings together.
• The parent who requires fewer childcare arrangements or can stay at home.
• The child's wishes, especially as they get older.

It is important to note that a parent's custody rights are not dependent on the payment of child support but rather on the type of relationship with the child that is in the child's best interests.

Child support

The North Carolina Child Support Guidelines set the amount of child support to be paid, taking into account each family's unique financial circumstances. The guidelines consider income from any source, including salary, bonuses, commissions, pension, severance pay, capital gains, annuity income, Social Security benefits, worker's compensation, and alimony. Certain types of income may be excluded from the calculation, such as support received for other children and food benefits.

Parents can agree on a child support amount in a Separation Agreement or sign a Voluntary Support Agreement (VSA), which becomes a court order once signed by a judge. Child support can also be arranged through the Child Support Enforcement Agency (CSE), which can assist in locating non-custodial parents and determining paternity if needed.

Various factors are considered by the court in determining child custody, which can impact child support arrangements. These factors include the educational needs of the child, the primary caregiver, and the need to minimise disruptions in the child's life. The court may also consider the parents' employment status and their ability to provide dependable care arrangements.

Parenting rights

In North Carolina, fathers have the same legal rights to their children as mothers. Fathers have a right to visitation, custody, and child support, just as a mother would. There is no rule that the mother should be awarded custody. Both parents are considered equal unless there is a determination of abuse or unfitness.

In North Carolina, child custody is determined by the best interest of the child. The judge looks at every relevant factor that has to do with the children, such as the stability of the parties, the living situation of the parties, and who encourages the child in educational endeavors.

To ask a court for a child custody order, you must file a complaint. Your lawyer can file the complaint for you, or if you do not have a lawyer, you can file a complaint yourself. You can find information online about the process, child custody paperwork, and clinics conducted by Legal Aid of North Carolina. Custody cases must be filed in the child's "home state," which is the state where the child has lived for the six months before the case is filed. Within North Carolina, you may file a custody case in the county in which the child resides or is physically present or in a county where the parent resides.

It is not a requirement to hire an attorney for child custody cases, but these cases are often factually complicated and require the presentation of witnesses and documents. If you represent yourself in court, you will be held to the same rules of evidence and procedure as a licensed attorney. Court officials, such as judges and clerks of court, cannot provide you with legal advice about your rights and obligations or the likely outcome of your case based on your family's circumstances.

In North Carolina, there is a law that makes it a crime if a person takes a child out of state with the intent to violate a court order.

Divorce

To obtain an absolute divorce in North Carolina, one spouse must file a divorce complaint with the Clerk of Court in the county of their residence. A divorce attorney may file the notice on behalf of a client. The county Sheriff or a deputy will then serve the divorce complaint upon the other spouse. In most cases, a divorce notice is delivered by certified mail. After the couple has lived separate and apart for at least 12 consecutive months, either spouse may then file for a legal divorce. This is if at least one of the two, at the time of the separation, intended for the separation to be permanent.

In North Carolina, alimony and post-separation support are based on whether an individual can prove that they and/or their spouse are dependent and whether they and/or their spouse are considered the supporting spouse. A family law attorney would have to look at the facts of every case to determine whether or not support is a viable claim.

In NC divorces, assets are typically divided by equitable division (which could be a 50/50 distribution of assets if that is considered equitable). In some cases, courts divide assets by community property division (where both spouses get ownership). By law, an equal division of marital property is preferred, but if either spouse requests an unequal division, and the judge finds that an unequal distribution would be fair, the court may give more of the property or debt to one party than the other. Judges consider many factors in deciding how to divide property, including the incomes, property, and debts of both parties; the parties' ages and health; the length of the marriage; the contributions of each party to the other's earning power; and the tax implications.

If there are children of the marriage, the court can enter temporary orders for support or custody, but the correct papers must be filed. If the parents cannot agree on custody and/or visitation, they can file a custody action with the Court if they meet the requirements for filing custody. They should consult with an attorney or see if there are any free custody clinics in their area. Parent education programs are also available to make divorcing parents aware of the needs of their children during and after the divorce process.

Guardianship

In North Carolina, guardianship is a legal process that involves appointing a responsible adult to make decisions about the personal care, well-being, and finances of a minor or incompetent adult. The process is typically initiated when an individual is deemed unable to independently manage their affairs or make important decisions due to incapacity or other life circumstances.

Types of Guardianship in North Carolina

There are three primary types of guardianship in North Carolina:

• Guardian of the Person: This type of guardian is responsible for making decisions related to the minor's personal care and well-being, including where they will live and medical decisions. They do not handle the minor's finances.
• Guardian of the Estate: This guardian manages the minor's finances, property, and investments, but does not make decisions about their well-being. They are not liable for the debts of the estate.
• General Guardian: A general guardian assumes the roles of both the Guardian of the Person and the Guardian of the Estate. They make decisions about the minor's personal well-being and also manage their finances.

Establishing Guardianship in North Carolina

Establishing guardianship in North Carolina typically involves the following steps:

• Filing a Petition: The process begins by filing a petition in the court where the minor child or incompetent adult resides. The petitioner can be a family member, friend, or public agency, such as the North Carolina Department of Health and Human Services.
• Court Hearings: After the petition is filed, the court will set a hearing and invite all interested parties to attend. The court may appoint a guardian ad litem to represent the interests of the minor or incompetent adult during the proceedings and make recommendations.
• Decision by the Court: The court, specifically the clerk of the superior court, will decide who will serve as the guardian. The decision is based on what the court believes is in the best interests of the individual. The court may appoint a family member or a non-family member as the guardian.
• Court Order: To make the guardianship official, a court order is necessary. This order appoints the guardian and outlines their responsibilities and authority.

Temporary Guardianship

In some cases, a temporary guardianship may be established if the circumstances that led to the need for guardianship are expected to change. For example, if a parent is unable to care for their child due to a lack of suitable housing, a temporary guardianship may be in place until the parent secures appropriate housing.

Ending Guardianship

Frequently asked questions