Writing a Custody Order
What are Custody Agreements in NC?
A child custody agreement in Wake County outlines the responsibilities and duties of each parent, where the child will live, and a visitation schedule. In some cases, the court makes these decisions. This becomes necessary when the parents cannot come to an agreement outside of court. Generally, it is far more effective to make an agreement outside of court if possible. If one parent is making unreasonable demands and refuses to compromise, however, court-ordered custody may be the only option.
Full Custody Agreement
One parent, under certain situations, will be granted sole custody of the child. Cases in which the other parent is unfit, and this has been established to the satisfaction of the court, will often lead to the other parent gaining sole custody in North Carolina. Drug abuse, domestic violence, criminal activities, incarceration or when the other parent has neglected the child can all result in sole custody being awarded to the other parent, giving all decision-making power to that parent.
How To Write A Custody Agreement
A child custody agreement in Raleigh, NC is not a simple document. This document must have all of the correct information to be approved by the court. Your custody agreement must include who has legal custody of the child, whether it is granted to one or both parents, the visitation schedule, and the rules surrounding how your child will be parented. If you can’t agree, the court will order you to mediation as a first step, as it is preferable for parents to resolve these issues outside of court. It is advised that you get help in crafting a custody agreement. As with any legal document, the wording must be very precise and accurate. Talk to a child custody lawyer who can help you get this critical document created correctly, and protect your parental rights.
How To Change A Custody Agreement
If an existing child custody agreement in North Carolina must be changed, you will need to submit your request to the court with a Motion for Modification of Custody or Visitation Order. The defendant (other parent) must be legally served with this paperwork. You may be ordered to mediation, or the court may approve the change in custody or visitation, based upon the situation. Call our firm for help in modifying a court order.
What Happens If A Custody Agreement Is Broken?
A parent who fails to adhere to the court-approved custody or visitation agreement in Wake County can get into legal trouble. Issues such as failing to allow visitation as ordered or not returning children to the other parent’s residence as required or other violations can lead to legal consequences. A parent who consistently violates the agreement could be dealing with serious legal problems. If you need to alter a custody or visitation schedule in North Carolina, do it through the court to protect your parental rights.
We Can Help.
At our firm, Charles R. Ullman & Associates in Raleigh, NC, we can assist you with any child custody or visitation matter. Call one of our Raleigh child custody attorneys, or schedule a consultation online. Get legal help that you can trust to get the job done right.
- NC Courts: Modification Custody or Visitation