8 Apr 2021


It is important that you be especially careful when it comes to child custody and child custody issues, as your decisions may influence your parental rights in the future. You want to avoid giving the judge a reason to question your educational abilities, as they must take into account the best interests of the child when determining the child`s custody and access rights. Unconsulated and impulsive behaviour could lead the judge to question your judgment and educational abilities. Avoid these actions, as well as clashes with your spouse and illegal activities, as they can damage your credibility. If the parents fail to reach an agreement and have to go to court, a judge will look at a number of factors. While the specific factors to consider vary from state to state, they generally revolve around determining what is in the best interests of the child. In general, the courts believe that it is in the best interests of a child that both parents share custody, but a court will generally give a parent primary physical custody. If possible, you should try to negotiate a joint parental contract with your spouse. This agreement should be written, which could be as informal as a series of messages or emails. Regardless of the environment used, it is important that the parenting regime be clearly stated in these communications.

This could avoid a situation of de facto custody or the need for temporary conservatory custody. In North Carolina, you and your spouse can resolve custody and visitation issues through a private agreement; custody is not subject to a judge. Until you grant yourself both or until a court decides on custody of the children, remember that the general rule applies: each parent has the same rights over the physical possession of a child from the marriage. In the absence of a written document prohibiting such an approach, it is not a kidnapping, unless the motivation for moving with the children is to evade the jurisdiction of the North Carolina courts. Remember that in a separation agreement, you have the power to define the custody regime that is best for your child, but if a judge has to rule on the custody agreement, you lose your decision-making power. However, in most cases, couples are able to make conservation compromises without bringing the case to court. In fact, in more than ninety per cent of all divorces, child custody never becomes a real problem. A parent (usually the mother) has been the primary guardian throughout life; and the parties agree that this guardian should have the child most of the time.

Many couples do not understand that a child is vulnerable to unpredictable life and discontinuity disorders without written consent or court decision. Such a possible disruption even means that either parents are completely free to move from an existing residence county or leave the state of North Carolina with the children, unless the sole purpose of the exit was to circumvent the jurisdiction of our courts. Please understand that my views are based on the limited facts you have provided to me. For a more in-depth discussion of fathers` rights and legal advice in the event of divorce, I urge you to contact a family lawyer. It is important to note, however, that in many countries, especially for infants, preference is given to the mother when it comes to physical custody. With the separation, the court will implement a child care and visitation plan to which the parties will have to comply. My wife and I are fighting and looking for ways to lead separate lives without having to divorce, but we are not sure how child care laws would deal with this kind of arrangement.

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