North Carolina Child Custody Factors
- Acts of domestic violence between the parties.
- Safety of the child.
- Safety of either party from domestic violence by the other party.
Between the mother and father, whether natural or adoptive, no presumption shall apply as to who will better promote the interest and welfare of the child.
North Carolina General Statutes Sec. 50-13.2(a)
Technorati Tags: North Carolina, child custody, custody factors, law, legal, attorney, lawyer
Comments
Comment from PRISCILLA CARLILE
Time: April 3, 2008, 9:46 pm
MY SON IS 16 HE HAS A CHILD WITH A GIRL THAT IS 13. THE BABY IS 15 MONTHS OLD. RICHARD WAS NOT ALLOWED TO SIGN THE PATERNITY AFFIDAVIT AT THE HOSPITAL. AT 1 MONTH OLD THE BABY WAS MOVED WITHOUT MY SON KNOWING. FOR 7 MONTHS HE DID NOT GET TO SEE MARISSA. HE GETS TO SEE HER NOW, BUT ONLY AT THE MOTHER’S HOUSE. MARISSA’S MOTHER REFUSED TO TAKE HER TO GET THE NDA DONE, BECAUSE SHE KNOS THAT WOULD GIVE RICHARD CERAIN RIGHTS THAT HE AT THIS POINT DOES NOT HAVE. WHAT CAN WE DO?
THANK YOU
PRISCILLA CARLILE
Comment from papa
Time: April 5, 2008, 12:33 am
Priscilla, based upon your short comment, I’d say that you’re going to have to take Marissa’s mother to court in order to establish dna testing … and, at family court they will also set up child support and custody …
Comment from marla
Time: April 8, 2008, 2:14 am
My brother’s ex is due this month and because he wants nothing to do with her, she has told him not to come to the hospital, that she would call when the baby is born, changed her number, the other contact was her mom and she changed her number as well. He’s constantly caught her in lies about the due date and has told my brother that a DNA test is unnecessary at this time. IF this is my brother’s child he wants to be a part of everything, but there’s reason to believe that he’s not so how can he get the necessary DNA test to see. He’s in Surry Co. and she’s in Iredell Co. They’re not married and her mom happens to work for Social Services. Does he need to prepare before the birth or will he have to wait til after the birth? He feels that time is running out, he has no say so over anything, and just wants some answers. PLEASE HELP
Comment from papa
Time: April 10, 2008, 12:17 am
Hi Marla, I don’t always recommend getting a lawyer, but, you know, based upon your comment… in this situation I would recommend talking to one… the mother sounds very adversarial … and, it sounds like he’s going to need the DNA test to be court-ordered… and, I highly recommend he does have this test performed!
This is a good forum that can help you. And, you can get questions answered by a legal expert for a small fee.
Please update us on what happens!
Comment from RONALD
Time: April 18, 2008, 4:56 pm
I have 4 daughter which 3 of them stay in my home. My 4 yearold stay with her mother and for tha lasted pasted year she will not allow me to see my child. Whenever I call she allow me to speak to her but will not allow to come stay with me I have my own home and my child want to come see me but her mother refuses. I would like to fill for visitation right but do i have to hire a lawyer. Please Help I have not seen my child sense 04-22-07 a year is long enough
Comment from papa
Time: April 18, 2008, 7:07 pm
Hi Ronald, sorry to hear that you are being denied access to your young daughter. It sounds clearly like you have a situation where court may be your only alternative. You could ask your ex if she’d like to go to mediation with you. If that doesn’t work (and, I don’t get the feeling it will based upon your comment), you’ll have to bring it before a judge.
You do not have to hire a lawyer to file a motion and go to court. When you represent yourself, it’s called “pro se.” Many people feel that this is actually better than hiring a lawyer. It depends in my opinion.
If you go pro se, be prepared to do a lot of work and a lot of research and you have to be very careful that you don’t miss a filing date or do something incorrectly. Here is a link to a forum where there are some pro se advocates. … Here is a link to a bookstore where you can educate yourself on all of these child custody issues.… And, here’s a link to a page which explains how you can get an actual lawyer to answer a question for cheap.
Good luck and stop back and let us know what’s happened!
Comment from calvin
Time: May 5, 2008, 10:14 pm
My ex and I have an almost 4 year old daughter. We have been broken up over 2 1/2 years now and we have never had any custody matters on the book. We have had a decent relationship up until now when I started dating. My ex wants to have physical primary custody now we only live a few blocks from one another and we have our daughter every other day and I pay for child care which is 600 a month. I’m involved in all aspects of her life. Do I need a lawyer to fight this I have everything in my daughters life well documented? This is pickup from daycare, doctors visits and daycare payments. Thanks for the help this site has had some great info.
Comment from papa
Time: May 8, 2008, 1:31 am
Calvin, thanks ……. a formal custody arrangement hasn’t as yet been created. You guys have, in effect, had shared physical custody …… She’s going to have to take you to court in order to change the custody arrangement. You don’t necessarily need a lawyer to fight it… but, doing it on your own (pro se) can be a lot of work and there is room for mistakes… hiring a lawyer is often a mistake also …………. it depends ……… try to get recommendations from friends when it comes to picking a lawyer……. also go to family court and observe lawyers in action ………
good luck man!
Comment from Terri Elliott
Time: May 8, 2008, 12:57 pm
I have a daughter who will turn 18 on 08/20/08 and starts college @ UNC-Charlotte on 08/25/08. Can I still collect child support for her?
Comment from papa
Time: May 8, 2008, 2:01 pm
Terri, I believe that once she is 18 and finished with high school; that you will no longer be able to collect child support on her. Now, I don’t want to say that I’m 100% sure about this, because, this is obviously a very important issue for you and, I’m not a lawyer, and, the law can (and does) change..
I do know, Terri, of a cheap way you can get a lawyer to answer a question for you. A lot of people have been extremely happy with this service; and, it brings a peace of mind having a definitive answer. The law can be a very tricky thing.
Good luck!
Comment from Lynn
Time: May 18, 2008, 8:31 pm
What are the laws for relinquishment of rights of a father in regards to being responsible for his child. I know a TPR terminates all rights and responsibilities. What can you do to make a parent responsible and have no rights.
Comment from papa
Time: May 18, 2008, 8:43 pm
Lynn, I think I know what you’re after… but, I’m not sure… it sounds to me like you’re wondering how you can make a man pay child support but have no rights to see his child… I’m not sure what you mean… you didn’t leave too much info so I’m filling in blanks and guessing ……. if that’s what you’re asking: it’s actually the first time I’ve been asked that question… anyway, I’ll need you to clarify before I say anything more ….
Comment from Al
Time: May 20, 2008, 1:52 am
I have a 9 year old son and 7 year old daughter. Their mom and I have been divorced for 18 months now, but I have not seen my kids on 2 years. She has filed numerous restraining orders and even moved out of state after the divorce. I have paid child support since the divorce because she refuses to let me see the children. Currently I have no idea where in the US they live and the courts won’t help because of the restraining order. There were never any threats, and I have witnesses to prove that but court won’t help. What can I do to see my kids again? (divorce was in FL now in NC)
Comment from Al
Time: May 20, 2008, 1:53 am
****Sorry I meant I have NOT paid child support since the divorce**
Comment from papa
Time: May 20, 2008, 1:11 pm
Al, hi… sorry to hear of your troubles… people post a lot of questions on here, and, a lot of times I can provide a bit of basic advice… in your case I don’t know what to say except that I encourage you to use this service:
http://www.princedaddy.com/family-law-questions-answered-for-a-fee/
They do good work and I believe they have the best shot of pointing you in the right direction…
good luck friend,
papa d
Comment from Kenny
Time: May 20, 2008, 7:44 pm
I have a six year old son that I havent been allowed to see in five and a half years. The mother and I dated when I was 19 , she was several years older. We were to get married and have a family together. Once she had the cild she informed me that she is a lesbian and only wanted a sperm donor . That her parents had pressured her for a grandchild so she manipulated me into it. She told me to stay out of their lives and that she would never want my money. She moved two states away to keep distance between us. Now six years later she has taken me to court and gotten child support and full custody. In court they told me that they didn’t handle custody only initiating child support and that if I wanted visitation i would need a lawyer and to go to another court. I pay my child support on time and in full and I provide health insurance . My famly nor myself ever get to see him . And now she is sending me the medical bills that the insurance won’t cover and is demanding that I pay them. Do I need an attorney? Help what do I do. I am doing all I can financially while steel feeding myself.
Comment from papa
Time: May 20, 2008, 9:23 pm
Kenny, it’s not a requirement that you have an attorney in order to file a lawsuit against your ex for child visitation …. when you represent on your own behalf, that’s called “pro se” and some people feel that it’s the only way to get a fair shake … it’s not easy… you know… it requires a lot of research and commitment to get it right ………. that’s for you to decide ….. I can’t tell you whether you need an attorney or not… that’s for you to decide……. based upon your desire to see your child… I can advise you about what to do ….. you’re going to have to take your ex to family court and bring her before a Judge …. at this point, before you get too invested financially with an attorney, I recommend that you use this service where you can ask a lawyer questions in a cheap way… believe me, before you get involved with an attorney who wants $300 an hour, this is the way to go:
http://www.princedaddy.com/family-law-questions-answered-for-a-fee/
good luck Kenny …….
…….. papa d
Comment from james
Time: June 12, 2008, 2:58 pm
I received notice that I may or may not be the biological father of a 7 year old child who has been removed from her mother’s custody. I do not know for sure if this child is mine but I am trying to get DNA testing done. I am not listed on her birth certificate and do not remember her mother by name but because I was young and worked on the road I assume the possibility is there. I have asked both my child support in Ohio and North Carolina Court for testing but nothing is being done. I am afraid they will set a support order for this child anyhow without doing the testing first. Any help would be appreciated.
Comment from papa
Time: June 12, 2008, 4:06 pm
James, you received notice from whom?
Comment from Claire
Time: October 21, 2008, 6:25 pm
My brother’s ex wants to adopt out their baby that’s due next month. She has adoptive parents all picked out and they’re paying for her doctor bills. He’s not sure and so far hasn’t signed anything with the agency. He thinks he can just show up at the hospital and get custody since she’s not interested in being a single parent. He doesn’t have much money because he’s going to college (he’s 17 and she’s 16) but is willing to drop out or whatever is necessary to do right by the child. Also, if he does get custody he wants to know if he can sue her for child support.
Comment from papa
Time: October 21, 2008, 11:20 pm
In answer to your last question, if he does become the custodial parent, normally, yes, he could file for child support from the noncustodial parent (in this case the mother) … one of the things that complicates this is that she’s a minor… honestly, your brother’s situation is too complicated for me to address in a responsible way… Definitely tell him not to sign anything with any sort of adoption agency… also, make sure that he’s there to get on the birth certificate…
One thing I’ll tell you is that when you’re at the hospital … bother whoever it takes to make sure he gets on the birth certificate!!!!!!!!!!!!!! I CANNOT EMPHASIZE THAT ENOUGH! get on the birth certificate as the father!!!!!!!!!!!
I also hope that your brother has a lot of family support … he’s going to need it….
I recommend you use the question box at the top of this page. It’s the cheapest way to get a lawyer to answer your questions.
good luck + feel free to stop back and update.
Prince Daddy
Comment from kc
Time: October 29, 2008, 9:27 pm
if the child quits school before he’s 18, can the father stop the support payments?
Comment from Mike
Time: November 1, 2008, 1:49 pm
I have an 11 year old daughter that resides in North Carolina, I live in Pennsylvania. I have not seen my daughter since she was 6 months old. I have tried for years to come to some sort of terms with her mother to no avail. 6 years ago I received a notice that she had given up her custodial rights and the child was living with her grandmother and I was to pay child support. I have been paying my child support and have restarted the attempt to get to know my daughter. Her mother claims that my daughter lives with her yet my money goes to the grandmother. My question is this, where do I begin? I want to know my daughter and believe my daughter needs to know about me. She has been “given” so many different fathers in her life that she doesn’t know who is who. And if her mother is lying and the grandmother has technical custody of her, who should I go through to try and get some sort of visitation?
Comment from papa
Time: November 1, 2008, 3:16 pm
Mike, you are going to have to go to court. Plain and simple. Repeat: stop being so confused. You are going to have to go to family court to enforce your rights as a dad.
Your daughter does need you. Every daughter ever in the entire history of the world has needed to have a good daddy in her life.
Believe that!
I advise that you use the question box at the top of the page. That’s a cheap way ($15 to $30) to get a lawyer to answer your question. I can’t really guide you too much.
I will tell you that although I don’t always favor lawyers…your situation is one that is going to need one in my opinion as a result of how long it’s been since you saw your daughter.
Some may disagree with me …
Good luck.
Stop back and let us know an update.
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