You must understand your state's laws on child custody if you are going to make a custody agreement. Learn more about creating a custody agreement in North Carolina.
When
making a North Carolina custody agreement, it wise to consult the
laws contained in the North Carolina General Statutes, Chapter 50.
This chapter is on divorce and alimony and also contains the statutes
concerning child custody. Those laws are necessary to know for your
child custody agreement. In order for your agreement to become
official, it must be accepted as a custody order. In North Carolina,
the court makes orders about the child's custody arrangements.
Section 50-11.2 explains that the order can be part of a judgment. To
prepare for a custody order, you should submit a custody agreement
that has all of the information you want it to have. Your agreement
should have information about how both parents will care and provide
for the child, and should also contain information about the child's
physical custody. Section 50-13.2 has some guidelines about what
should go into a custody order and agreement. Consider these elements
as you make your agreement:
An
order may grant joint custody or grant exclusive custody to one
parent. Depending on that type of custody, both parents should
decide on a visitation schedule.
An
order should provide visitation rights for grandparents as the court
deems necessary.
An
order may allow visitation rights by electronic communication. It
could be through electronic mail, telephone, instant messaging,
video conferencing, wired or wireless technologies by Internet, etc.
The
court will consider if electronic communication is in the child's
best interest; if equipment is available, accessible and affordable
and any other factors that are relevant.
The
court can set guidelines about electronic communication including
communication hours, allocation of costs between the parents and the
furnishing of access information between parents.
There
are not many specific guidelines in North Carolina about what to put
in a custody agreement. You need to carefully analyze your child's
and your own situation to come up with an agreement that fits. A
generic custody agreement includes:
Determining
the child's residence and deciding if sole or joint custody is best.
Creating
a visitation and custody schedule that shows when the child is with
each parent.
Including
information about legal custody and how the parents will continue to
provide necessary care.
Including
extra information about how the child will be raised such as the
requirements for transportation and exchanges, choosing
extracurricular events, etc.
With
this general template, you can detail your own to make it perfect for
your situation. Remember to always put your child's needs first.
North Carolina law specifically states that all custody decisions
must be made in the best interests of the child. Keep that in mind
and your North Carolina custody agreement will be great.
Tracy Bensun is interested in the law and especially family law. Her main interest lies in how children are affected by divorce and child custody. She has done extensive research on her own and loves to share her knowledge. She is affiliated with Custody X Change, which is designed to assist in child custody visitation schedules, custody agreements and parenting plans.
