Parental Rights in North Carolina Child Custody Cases

Divorce is emotional and can threaten the stability of a family. Not only does it put a big question mark in the air for the parents, but it can be a confusing and unsure period for the children involved. Even though the parents are no longer together, there are still parental rights to deal with and gain a firm understanding of. A child custody lawyer is one of the best resources for families going through divorce and trying to figure out the rights and responsibilities of the parents. Here is how child custody cases are handled in the state of North Carolina.

The Well being of the Children Is the Bottom Line
Whether in North Carolina or elsewhere in the country, ensuring the safety and well being of the children involved in child custody cases is the top priority. Parental rights will be given to the guardian that the court judge deems most capable of providing a safe, healthy, and loving environment for the child. It’s easy for child custody cases to become a power struggle between two divorced individuals, but experienced attorneys are prepared to get to the bottom of the conflict and reveal the true intentions of the parents.

In North Carolina, besides the lawyer, the judge is another important figure in a child custody case. The judge will ultimately be responsible for gauging the primary factors that go into child custody, including the mental, emotional, and physical needs of the children, as well as each parent’s ability to meet these needs. North Carolina judges do not have the power to grant preference to mothers or fathers, and instead it is about best meeting the needs for the child’s health and safety. As such, North Carolina does not oblige by the “ tender years doctrine ” that favors mothers over fathers in terms of child custody. That being said, it doesn’t mean that mothers aren’t often granted primary custody over their children; it just depends on the specific situation.

Sole and Joint Custody
North Carolina judges deal with different types of custody, including physical custody and legal custody. In the former, parents have the right to house the child in their own home. The latter grants parents the right to make legal decisions on behalf of children under age 18. These custodial rights can be given to one parent or to both, depending on the particular circumstances of the case. As stated before, the judge will have the final say in North Carolina child custody cases. However, a child custody or divorce lawyer can be a tremendous resource for parents during these cases. An attorney can help them present their case to the judge, outlining their ability to care for the various needs of their child, provide a safe environment, and prove that they have the income, space, and time for the child.

Rights Without Custody
If a parent is not granted custody by the judge, they can still be permitted other rights as the parent of the child. Visitation rights, whether supervised or unsupervised, are often granted to the non-custodial parent on a schedule that is determined by the judge. Moreover, a parent could be denied primary physical custody, but they may still be granted legal custody over the child.

Dismissal of Rights
A North Carolina judge will have to work with the Administrative Office of the Courts if they wish to terminate the parental rights of one of the guardians. A request needs to be made by the child’s parent, an appointed guardian, or the County Human Services Agency that the parent have their custodial or visitation rights terminated. At this point, the request needs to go through the court and a hearing of the parties involved will be required. The judge will listen to the parent’s hearing and then make a decision about the custodial or visitation rights. If the parent in question does not appear in court within 30 days of their summons, then their rights will be taken away.
Clearly, child custody cases can be lengthy affairs that can take a toll on families, which is why a professional divorce lawyeror child custody attorney is always in the parent’s best interest. Russell Family Law is dedicated to the families they serve, and they’re ready to help now. Contact Us now to take the first steps.