In North Carolina, and in other states, full custody is an arrangement for parents where one handles all of the responsibilities of raising their child. Full custody may be awarded to custodial parents in the following situations:
- A court determines that a parent is not fit to raise their child
- One parent is ill, disabled, or otherwise incapacitated
- A parent is incarcerated or has a negative criminal record
- One of the parents has a history of abuse or neglect
When one parent is given full custody, it means they will have legal and physical custody. Full custody, however, does not mean that the child’s other parent will not have any visitation rights.
When full custody is given to one parent, called the custodial parent, the other parent, called the non-custodial parent, may be awarded visitation times with the child. The details of the visitation and the amount of visitation that will be allowed will be determined by the facts and circumstances of the case.
Full custody vs. sole custody
The terms full custody and sole custody are often used interchangeably, even though there are differences in the arrangements. With sole custody, non-custodial parents are not typically given visitation or custody rights.
In these situations, non-custodial parents are often required to pay child support. Courts usually only award full custody to one parent in specific situations, such as those noted above. It is typically considered to be in a child’s best interests to maintain equal relationships with both parents.
In full custody arrangements, one parent has legal and physical custody, as previously noted. A parent who has legal custody of their child makes certain legal decisions on their child’s behalf, including:
- Healthcare
- Education
- Religion
- Extracurricular activities
The parent with physical custody will be the parent whom the child lives with and who will be responsible for their:
- Food
- Clothing
- Shelter
- Other related expenses
In some cases, when full custody is ordered, a non-custodial parent will receive visitation with their child. Full custody is more demanding for a parent than other custody arrangements because they assume the majority of the responsibilities related to raising their child.
If full custody is not awarded or, for some reason is not an option, other alternative custody arrangements include:
- Shared or joint custody
- Legal guardianship
- Planned visitation
For more information on obtaining full custody in the State of North Carolina, a parent should schedule a lawyer consultation with a local North Carolina attorney.
When Is Full Custody Awarded?
A full custody arrangement is not usually awarded by a court simply because one parent asks for it. It is only used when the court determines it is truly in the best interests of the child.
If a parent wants to get full custody of their child, there are things they should keep in mind when asking the court for full custody, such as:
- Have documents showing they can provide for a raise their child, such as:
- financial statements
- bank statements
- proof of housing
- Do not falsify or exaggerate any information to try and get full custody, as it may result in negative legal consequences, such as contempt of court
- Be prepared to explain why they are better equipped to raise their child without insulting or belittling the child’s other parent
What Are the Requirements for Full Custody?
A parent may have to fulfill full custody requirements that may vary by jurisdiction in order to get full custody of their child. This can include demonstrating to the court that they are a fit parent who can prioritize the best interests of their child and give them a stable home environment.
A parent may have to submit evidence that shows the child’s other parent is not capable of caring for the child because of things such as instability, neglect, or abuse. When making custody decisions, courts will consider many factors, including, but not limited to:
- Who can provide a safe a stable home environment for their child
- What is best for the child, or in their best interests, for their physical, emotional, and educational needs
- If the parent is fit to care for their child properly
- Who can provide the child with financial stability and meet their child’s financial needs
- If there has been a history of abuse or neglect
- The child’s preferences, depending on their maturity level and age
How Is Custody Determined?
When any court is making child custody decisions in North Carolina, it will follow the child’s best interests standard. Courts will also consider many factors, including unique issues of the family itself, such as:
- The background of the child, including their:
- age
- sex
- personal health characteristics
- If there are any special needs or disabilities, which may cause a child to be more comfortable or accustomed to one of their parents providing their daily specialized care
- When the child is 12 years of age or older, their custody preferences
- Environmental factors in the child’s life, for example:
- The quality of education in each parent’s school district
- The safety of each parent’s neighborhood
- The proximity of each parent’s residence to the child’s extracurricular activities
- Both parents’ physical and mental health
- If the child is 12 years old or older, the court may consider their custody preferences
- If the child has attachments to other family members, such as siblings, in their home
- Each parent’s lifestyle and background stability
- If the parents can provide financial and emotional support when the child is in their care
- Each parent’s commitment to helping the child maintain an ongoing health relationship with the other parent
If a court makes a decision in a child custody case, it is usually recorded in a formal child custody order. A parent will need to petition the family court handling their legal reparation or divorce proceedings to obtain this type of order.
In some jurisdictions, under the custody laws for unmarried parents, a child’s mother will be initially given primary custody until the child’s father petitions the court for visitation and custody rights.
Do I Need To Hire a Lawyer for Help With Child Custody Issues?
If you are a parent in the State of North Carolina who has any issues related to child custody, whether you want to request custody or change your existing custody order, it is important to consult with a North Carolina child custody lawyer. Your lawyer will explain your legal rights and the North Carolina laws that will apply to your situation.
It is easy for you to use LegalMatch’s no cost lawyer matching service to find a child custody lawyer in North Carolina. Simply submit your concern or issue on LegalMatch.com.
In about 24 hours, you will get responses from member lawyers in your area who are licensed to practice in your state and handle cases involving the types of issues you are having. These responses will include previous client reviews, information on the types of fees the lawyer charges, and information about their background and education.
Using LegalMatch, you may be able to locate lawyers who offer free consultations. This can allow you to meet with multiple attorneys until you find one with whom you are comfortable working and who fits into your budget.
