Among the most difficult issues you’ll be dealing with as you go on with your divorce or child custody and child support. When negotiating with your spouse about these aspects, you have to keep in mind that what’s best for your child is the most important thing to consider.
In North Carolina, you and your spouse can decide on child custody, which is why it’s a lot better if both parents can reach an agreement on child custody and support. The agreed terms of child custody and support can be added to the separation agreement which is binding on both parties when signed. If both spouses can reach a support agreement, it’s not necessary to go to court.
NC Child Custody Trial
If no agreement is reached, then there will be a separate trial for child support. If you go to court the decision is then in the hands of a judge. If any of the divorced spouses break the agreement in the future, the other spouse can go to court to seek enforcement of the agreement.
If the arrangement on child custody and support is not reached, then you and your custody attorney have to go to trial, which is heard in front of a District Court Judge and in the county where the lawsuit was filed. It’s worthy to note that you’re not entitled to a jury trial for child custody or support in North Carolina. During the trial, the judge just listens to the witnesses called by both parties.
How Does A Judge Determine Custody?
The judge takes many factors into consideration before making a ruling, including the willingness of the parents to work with each other regarding child visitation, the child’s special needs (if any), the parents’ income, any allegations of domestic violence, and other such factors. The judge’s ultimate goal in awarding child custody is for the good of the child concerned.
Related:
- Child Custody FAQs
- Child Support FAQs
- Post Judgment Child Support/Child Custody Modification Actions
- Contempt of Court Issues Explained
- Child Support Enforcement
- Getting Your Child Support Requirement Reduced
- Getting Your Child Support Payment Increased
- Custodial Parent Relocation
- The “Move Away” Turmoil
- The Significance of Parent Move Away Issues
- Father Child Custody Issues
- Father’s Rights
- Grandparents Custody and Visitation Rights
- Establishing Child Paternity
- North Carolina Paternity Laws
- Illegitimate Children Laws & Rights
- Gay and Lesbian Child Custody
- Post Divorce Collections
- Spousal Support Modification
- North Carolina Child Support Guidelines
- Free Child Support Calculator
