Chapter 50 of the North Carolina statutes contains the laws that govern child custody proceedings. Here are some of the highlights from these statutes that can help parents with their custody situation.
Mediation Requirement. Section 13.1 of Chapter 50 requires that parents who are not able to agree on their North Carolina parenting plan must attend at least one mediation session. The purpose of this rule is to reduce the hostility between parents, to create a North Carolina custody agreement that is in the best interests of the child, to provide a setting that promotes cooperation, to provide the parties with informed choices, and to reduce re-litigation of custody issues. If there has been a history of domestic violence, this requirement can be waived.
No presumption for custody. In North Carolina, neither parent is given a presumption for custody. This means that the father and mother both have an equal right to be granted custody. The law also allows for the option of joint custody if it promotes the welfare of the child and the parents are able to cooperate sufficiently. This should be considered as a mother and father make a North Carolina custody schedule. The custodial parent should be chosen based on the child’s best welfare. The North Carolina visitation schedule should also allow for each parent to have significant time with the children.
The best interest of the child. Parents who are unable to agree on their plan must go to court and a judge will determine the custody arrangements. The judge will base the decisions on the needs of the child. Some of the factors that the judge will consider when thinking about the child’s best interest are: if there have been any acts of domestic violence between the parties, the safety of the child, and the safety of both parties. The mother and father should hold to the standard of what is best for the child.