Joint Legal Physical Custody
Children usually feel better when both parents are meaningfully involved in their lives. If you and the other parent can use joint custody, your child will benefit. Many states have laws that promote joint physical custody. The courts of these states order joint custody as a norm unless one of the parents can prove that it would be harmful to the child. If you are able to do so, you should discuss the matter with a lawyer as soon as possible. You must respond to the claim by submitting a response within 30 days of service of the subpoena and complaint. You should also attend all mediation and court hearings. You won`t be arrested if you don`t show up in court for your custody case. However, if you do not attend mediation or hearings, you lose the opportunity to tell the judge your side of the story and apply for custody or access. Joint custody does not mean that children have to spend exactly half the time with each parent.
Usually, children spend a little more time with 1 parent than with the other, as it is too difficult to divide the time exactly in half. If 1 parent has the children more than half the time, that parent is sometimes referred to as the «primary custodial parent.» Before a judge can hear your case, they will usually be referred to the Custody Mediation Program. For more information about custody mediation, see the Custody mediation help topic. If you and the other party can`t agree on a custody and visitation plan in mediation, a judge can hear your case to make a decision for you. In most cases, a hearing is scheduled only if one of the parties requests it. Custody orders from other states are valid in North Carolina. As a general rule, even if you and/or the child moved to North Carolina from another state, a judge in the home state will continue to make decisions in your case as long as one of the parties still lives there. If everyone has left the home state, you can ask the North Carolina courts to take over your case. If you want a North Carolina judge to enforce or change your order out of state, you must first register the order in North Carolina. The application for registration of a custody order from another state or country can be found here. Joint custody (also called shared custody, shared parental responsibility, etc.) is when parents share that power.
The alternative is sole custody, where one parent has full responsibility for making important decisions for the child. I have already been called to court to get custody, but the situation has changed. Can I file a new complaint? Any parent can apply for custody, whether the parents are separated, divorced or never married. Third parties, such as grandparents, family members or others who have cared for the child, may apply for custody or access in certain circumstances. To obtain custody, non-parents must prove that the parents are unable to care for the child or that they have not acted in accordance with their rights as parents, for example by letting the child be raised by a non-parent. Grandparents may also receive visits in certain circumstances if there is a custody case between the parents. Non-relatives seeking custody must prove that they have a close relationship with the child. Ultimately, in joint custody cases, a parent is given final decision-making authority for periods when the parents are unable to make an amicable decision. Generally, the final decision rests with the parent who has primary physical custody. (Note: Physical custody is also shared in most cases.) A parent who has sole custody can make important decisions about the child`s life without consulting the other parent. If parents have joint custody, they must consult with each other and make important decisions together, such as where the child will go to school or whether the child will have a major medical procedure.
If the parents cannot agree, a court may have to make the decision. There are many ways for parents to share custody. Your court may let you decide the details, or it may use one of the following agreements (or a variation) by default. Parents who share custody both have the right to make decisions about these aspects of their children`s lives, but they do not have to accept all decisions. Each parent can make a decision for themselves. But to avoid problems and end up in court again, both parents should communicate with each other and work together to make decisions together. Another thing to consider is that of victims, which joint custody may require. For example, you can limit your job search to areas close to your child to facilitate shared decision-making. Joint physical custody (also called shared physical custody, shared custody, shared parental leave, etc.) means that your child spends a lot of time with both parents and both have the same responsibility for the child`s physical care. The law states that judges must award custody based on what is in the «best interests of the child.» Both parents have the same rights as the child in the absence of a custody order.
«Legal parents» are people who are officially recognized as parents on the child`s birth certificate, a court order such as a support or adoption order, or an affidavit of parentage. Without a custody order, the rights of non-parents are much more limited and parents are generally entitled to custody of the child. In many states, this is the default option, or at least preferred to sole custody. In these States, sole custody is granted if joint custody is not in the best interests of the child. I have a custody order and I want to change it. What can I do? As a rule, parents are granted joint custody, which means that parents must be involved in the decision-making process concerning children and that parents have equal rights to the child`s medical and educational records. Learn how to find a lawyer to represent you and other legal representation resources. If you know that you and the other parent cannot share responsibility for your child, joint custody is not for you. You must specify in your parenting plan the custody option your family will use. This determines who makes decisions about your children`s education, medical care, religion, and more. Physical custody gives the parent the right and duty to care for the child on a daily basis.
Physical custody allows the parent to have the right for the child to live with him. What resources can help me apply for custody without a lawyer? Custody is the right to make important decisions about the child. Physical custody means the right to have the child in your physical care all or part of it. Legal and physical custody can be shared by parents or held by only one parent. If you have an interim custody order, you can schedule another hearing in your case without having to file any further applications, although filing an application may be helpful in some cases. If you have a permanent custody order, you will need to file an application to change. If you are applying for a variation, you must state in your application and prove to the court that circumstances have changed significantly since the original order and that these changes affect the child in a way that requires an amendment to the old order in order to be in the best interests of the child.