North Carolina Divorce Custody
All the custody battles of NC divorce custody are settled based on the premise that the best interests of the child should not be compromised. Child custody issues in the state of North Carolina are settled after following the given guidelines.
- NC courts try to determine which parent bonds best with the child and to whom does the child turn to for emotional support. The age of the child and the child’s sex are also some of the determining factors for awarding custody of the child.
- The actual interests and wishes of the child are also significant while awarding child custody. Generally, NC divorce child custody issues are settled by determining who has been the “primary caretaker” of the child and if that parent is capable of providing care to the child. Here, the interests of the parent and his/her priories are separately analyzed to see if the child can be well taken care of or not.
- Joint custody of the child is awarded to the parents if the courts are assured of the fact that both the parents would cooperate with each other regarding child care. For all practical purposes, physical custody of the child is generally awarded to the parent who has been the primary caretaker of the child and is most likely to encourage the child to interact and meet the other parent.
- If the court finds that a parent is most suited for physical custody, but does not encourage the child to interact with the other parent and thus, indulges in “parental alienation syndrome”, then the custody is automatically awarded to the other parent.
- According to NC divorce custody guidelines, any history of child abuse or child neglect or physical domestic violence in the family is to be analyzed with great care. If the child is a victim of such abuse or even a witness, then custody awarding becomes more complicated. The “abusive” parent does not get the custody of the child, and may be given visitation rights only. Sometimes, North Carolina courts may order supervised visitation to ensure safety and welfare of the child. If the presence of the non-custodial parent is found to be detrimental to the child, then courts may even forfeit visitation rights and that parent may only be asked to extend child support.
- If a parent had relocated away from the other parent taking away the child or leaving the child behind due to domestic violence, then courts do not consider this as an issue while awarding child custody, according to child custody guidelines in North Carolina.
- Child support is again an important issue to be considered while awarding child custody. Incomes of both the parents are pooled in to determine the amount that should be given to the child till the child reaches the age of 18 or has joined the defense forces of the country. Child support figure depend on the special needs of the child, medical or educational etc. If the parents have any other obligation (such as children from a previous marriage), then also the child support figure would be modified to ensure that the parent and the child, both are benefited and that the support figure does not overburden the parent as well.