Randolph County child custody process
The majority of Randolph County child custody issues are settled outside of court, privately between the parents, usually through the use of a consent order a separation agreement. There is a small percentage of Randolph county child custody disputes that end up being decided in the courtroom. When a Randolph County child custody case reaches the court, the judge will weigh many different factors, based upon the evidence presented.
In Randolph County child custody cases, A judge decides who gets custody based upon the best interests of the child; custody may be awarded to either one or both parents, another person (such as a grandparent or aunt/uncle), an organization, or an agency.
Under the Uniform Child Custody Jurisdiction and Enforcement act and (UCCJEA) and N.C.G.S. § 50A-201(a), Randolph County courts can assume jurisdiction in a custody case if the child has been living with a parent and a resident of the state for at least 6 consecutive months immediately prior to the custody action.
What is the difference between legal and physical custody?
In Randolph County, North Carolina there are two basic aspects of child custody arrangements: legal custody and physical custody. Physical custody can be joint custody, primary custody or sole custody; while legal custody is broken down to joint custody or sole custody. If a judge is deciding the Randolph County custody dispute, then the judge will make the decision based upon the child’s best interests, or the parents can come to an agreement without the court’s intervention through a consent order or a separation agreement.
- Joint legal custody: both parents have a role in making significant decisions in the child’s life. Legal custody includes decisions concerning things such as the child’s healthcare, education, and religious upbringing. If parents share joint legal custody, then they often must come to agreements with each other because they each have the authority to make decisions concerning the child, so a compromise must be had.
- Sole legal custody: gives one parent the primary responsibility for making significant decisions in the child’s life.
- Joint physical custody: The child resides with each parent for about an equal amount of time.
- Sole physical custody: If one parent has sole physical custody, then the child resides with the custodial parent for the majority of the time. The non-custodial parent usually receives visitation rights.
How do I get custody of my child?
Yes, it is true that in Randolph county anyone can file a petition for custody of a child, but if you wish to succeed it is wise to consult with an experienced attorney familiar with the North Carolina family laws and the Randolph County courthouse. An attorney from Dummit Fradin will verify that you understand what is happening, that the proper paperwork is filed, and that you get the best outcome for your Randolph County child custody case.
If you need help understanding the law and child custody rights, please do not wait, contact the attorneys at Dummit Fradin today and let us put our experienced legal team to work for you.