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what the custody laws in North carolina

 
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Customer Question

what the custody laws in North carolina?

 

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State/Country relating to question: North Carolina

Submitted: 1185 days and 11 hours ago.
Category: Family Law
Value: $15
Status: CLOSED
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Expert:  John replied1185 days and 11 hours ago.

Here is a good summary...

http://www.womenslaw.org/laws_state_type.php?statelaw_name=Custody&state_code=NC

Generally, the parents of the child are first in line to be granted custody. If, however, the parents are unfit, custody can be awarded to the person, agency, organization or institution that will best promote the interest and welfare of the child.* An order for custody of a minor child may grant:

  • Joint custody to the parents;
  • Exclusive custody to one person, agency, organization, or institution; or
  • Custody to two or more persons, agencies, organizations, or institutions.**
In North Carolina, in order for a nonparent relative to be granted custody of a child, he or she must prove that both parents of the child are unfit to raise the child or that both parents have neglected the child.***

* NCGS § 50-13.2(a)
** NCGS § 50-13.2(b)
*** See Peterson v. Rogers, 337 N.C. 397 (1994)

Customer replied1185 days and 4 hours ago.

If one of the parents has primary custody, does that still allow the other parent to visit the child?

what kind of custody gives the non-custodial parent the right to take the child from the home without penalty from law inforcements? (just curious.. nothing serious, leaving an abusive relationship)

40233.2752203357

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Expert:  John replied1184 days and 22 hours ago.

The court can/will set the rules, but generally custody will be joint or one parent will be primary and the other will have rights to visit. If there is an abuse situation, restrictions will likely be placed on that parent's custody/visitation. In the short term, you can take custody but have to make an effort to allow visitation and share the child. You aren't supposed to just run a way with your child.

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Category: Family Law
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Answered: 2/24/2010

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