Schedule a Consultation(704) 248-7683

FAQ: Child Custody and Child Support in North Carolina

by

How does a court determine what parent the child should live with?

In NC, the guiding principle in all custody or custody modification decisions is that custody will be granted to the parent/person that is, in the opinion of the judge, the one who will promote the interests and welfare of the child.

A judge determines the best interests of the child by considering ALL relevant factors such as:

  • Acts of domestic violence between the parties
  • Sexual conduct of the parties (sex in the home that child is exposed to)
  • Spiritual development—court cannot prefer one religion over another but can take into account if there is a parent who will nurture the child spiritually
  • Age of the parties—if there is a nexus between the parent’s age and the ability to take care of the children

What is joint custody?

Joint custody is when both parents have equal custody of the child. If one parent requests join custody, the court MUST consider it.

Who may initiate a custody action?

  • Parent
  • Relative or other person with a parent-child relationship; or
  • Grandparent who alleges parental unfitness or neglect

How do courts decide custody determinations between a parent and a non-parent?

NC follows the Petersen Presumption, which is a very hard presumption to rebut. It states that parents have a 14th amendment right to custody, care, and control of their children. Therefore, the court always presumes that custody with a parent over a non-parent is in the child’s best interests. The non-parent can only rebut this presumption if they show: the parent is unfit, the parent has neglected the child; or the parent has engaged in conduct that is inconsistent to the parental status. Once the non-parent shows one of the three things mentioned above, the court applies the best interests of the child test.

How do courts decide custody determination between the parents?

When two parents are fighting over custody of their child or children, the court will always start with applying the best interests of the child test.

When can a parent file for modification of a child custody order?

To modify child custody a parent must show a substantial change in circumstances that impacts the child. This impact can be either negative or positive. Once a substantial change is shown the court then applies the best interests of the child test.

Am I allowed visitation if I am a grandparent?

Generally, grandparents do not have an automatic legal right to visit their grandchildren. The reason for this is that if court were to recognize grandparent visitation as a right, it would interfere with a parent’s fundamental right to the custody, care, and control of their children. However, a grandparent can always petition the court for custody if they allege that the parent is unfit or neglects the child.

In NC, grandparents must have “standing” to bring an action for visitation rights. This means that there must be an ongoing custody dispute (divorce, custody, or separation), or the parent is unfit, has abandoned/neglected the child, or died (no one has custody).

Who can bring an action for child support?

Any parent, person, agency, or institution having or seeking custody.

How is child support calculated?

NC uses the “Income Shares Model” to determine the amount of child support. The guidelines set the child support amount based on the income of both parents. Each parent pays their proportionate share of a guideline-derived amount of the state-estimated cost of raising a child at the parents’ combined income level. Amounts for extraordinary expenses, like child care, dental expenses, counseling, and uninsured medical expenses are added to the based child support obligation and shared in the same percentages.

Does the court always have to follow the guidelines?

Generally, no. The court can only deviate from the guidelines when they do not meet OR exceed the needs of the child or it would otherwise in some way produce an unjust or inappropriate result.

When does the duty to pay child support end?

  • Child is emancipated
  • Child turns 18 or graduates from high school (whichever is later)
  • Child is 20 and is attending school and making satisfactory grades
  • Child lives independently and there is no obligation to support

How can I modify child support?

Child support can be modified in 2 circumstances:

  1. More than 3 years have passed since the initial child support hearing and there is a 15% deviation from the guidelines; OR
  2. There is a substantial change in circumstances.
Consultation at Emblem

Reader Interactions

Comments

  37. Joie says

    Taxi moto line
    128 Rue la Boétie
    75008 Paris
    +33 6 51 612 712  

    Taxi moto paris

    When I initially commented I appear to have clicked the -Notify me when new comments are
    added- checkbox and now whenever a comment is added I receive
    4 emails with the exact same comment. There has to be an easy method you are able to remove me from that service?
    Thanks a lot!

    Check out my blog post; hey

    Reply

  38. loan says

    Thanks for your own work on this website. My mother take interest in participating in research and it is simple to grasp why. My spouse and i notice all relating to the powerful way you provide valuable tips via your website and in addition recommend response from visitors on this subject matter while our own simple princess is undoubtedly studying so much. Take pleasure in the rest of the year. You have been performing a tremendous job. https://fenrzusjzneki.online/

    Reply

  39. cheap sildenafil says

    I am glad for writing to make you know what a notable encounter my wife’s girl had studying your web site. She mastered several pieces, which include what it’s like to possess an awesome helping nature to let other individuals with ease know precisely some problematic subject matter. You truly exceeded people’s expectations. Thank you for producing these practical, trusted, informative and in addition fun tips about this topic to Kate. https://johnpisanohomeimprovements.com/

    Reply

  40. order abilify says

    I precisely had to appreciate you all over again. I am not sure the things that I might have followed in the absence of the entire methods documented by you directly on such industry. It had become a real fearsome problem in my position, nevertheless taking a look at this specialized style you solved the issue took me to leap with happiness. I will be happy for your service and thus sincerely hope you really know what an amazing job you have been putting in teaching some other people using your webblog. Most likely you haven’t got to know any of us. https://abilifyaripiprazoles.com/

    Reply

  96. medication for liver says

    Good info and straight to the point. I am not sure if this is actually the best place to ask but do you folks have any thoughts on where to get some professional writers? Thank you 🙂 https://livermedi.com medication for liver https://livermedi.com/

    Reply

  98. OOdoclam says

    herzklappe cialis how to measure blood pressure which cialis is best tadalafil – cialis 10′ mg uk https://tadalafilkiva.com/# – how long does a cialis last what can cause a heart disease

    Reply

  104. viagra online no prescription says

    viagra otc ireland beet juice and blood pressure does viagra cause strokes buy viagra without prescription – viagra europe acheter https://viawithoutdctrs.com/# – viagra no subscription needed duck eggs and erectile dysfunction in men

    Reply

  111. IEnlilky says

    like viagra men home blood pressure monitor with fast and accurate reading by care touch can i buy viagra in spain viagra without doctor prescription – viagra originally created https://himsprescription.com/# – viagra without a doctor prescription buy sildenafil citrate 100mg

    Reply

  115. Uexhakly says

    how do patient portals affect customer relations in healthcare: https://fildenahim.com/# main ingredients in fildena 100
    cold medicine for high blood pressure fildena chewable sildenafil max dose

    Reply

  128. sildenafil generic coupon says

    sildenafil prices in india https://eunicesildenafilcitrate.com/ sildenafil from mexico

    Reply

  131. buy generic vardenafil over the counter with no pres. online says

    side effects for vardenafil https://vegavardenafil.com/ buy vardenafil over the counter with no pres. online

    Reply

  139. clomid says

    Why would a manly rip off generic clomiphene? Because Clomid indirectly boosts testosterone levels in men, it can be employed to scrutinize infertility that results from low testosterone production. Clomid as Manly Infertility. clomid https://haelanclomid.com/# is typically bewitched in one go a daylight, with a staring dose of 25 mg per day.

    Reply

  142. YbritalK says

    How should I make off viagra without a doctor prescription in compensation best results. To study erectile dysfunction-ED, take this https://doctorhims.com/ viagra without prescription past claptrap as directed nearby your doctor, normally as needed. Away with sildenafil at least 30 minutes, but no more than 4 hours, in advance of sex liveliness (1 hour ahead of is the most able). Do not take more than once daily.

    Reply

  146. Grvexede says

    https://kloviagrli.com/ – cheapest viagra online https://vigedon.com/ – viagra insurance https://llecialisjaw.com/ – cialis 20 mg https://jwcialislrt.com/ – where can i buy cialis https://jecialisbn.com/ – do you need a prescription for cialis

    Reply

  149. Brfgfuch says

    https://ljcialishe.com/ – daily cialis https://cialisvja.com/ – cialis pastilla https://viagraonlinejc.com/ – no prescription viagra https://viagratx.com/ – how long before sex to take viagra https://buycialisxz.com/ – cialis heartburn

    Reply

  160. Aillutty says

    Can ovulation develop formerly finishing Clomid? The Mean However Women Ovulate on clomiphene Most women at one’s desire ovulate 7 to 10 days after they rob their pattern Clomid pill. Depending on the clomid side effects https://haelanclomid.com/# form you’re on, that means you should be having intimacy every era or every other lifetime starting on Era 11 sometimes non-standard due to Epoch 21 of your cycle.

    Reply

  161. EbritalK says

    Can you carry off sildenafil with alcohol. how does viagra work acceptable cannot save an erection after binge drinking. However, reasonable moonshine consumption should not agitate getting an erection. Viagra should insert as intended with commonsensical demon rum intake. Comprehensive, it is protected to nab http://viagrakurka.com/ generic viagra and the bottle together.

    Reply

  164. Akayaddy says

    How long does it quaff a human beings to and get http://www.cialisbob.com generic cialis 20mg again after coming. After the servant achieves orgasm and ejaculates, the penis most often has a refractory epoch up front it can get cheapest cialis online again. This days can vary from 15 minutes to multiple hours.

    Reply

Leave a Reply

Your email address will not be published. Required fields are marked *

Want to know more?

Talk with us.