You may be wondering how to gain custody of a child if you’re concerned about their safety at home with their parents or other caregivers. However, even for parents, obtaining custody of their children can be a challenging ordeal. It’s in the child’s best interests to go through the lengthy and difficult process of obtaining custody. Let’s look at some of the strategies people use to get child custody.
Ex Parte Order
As a last resort, an “ex parte order” can be used to seek temporary possession of a child. A protective order is issued when a child is in imminent danger of physical harm, sexual abuse, or extrastate kidnapping.
A judge can issue an ex parte order to immediately establish interim custody without consulting the other party. When a judge issues an immediate custody order, a hearing is held as soon as possible to hear the parties’ arguments.
Child’s Best Interests
Decisions in a child custody dispute are based on what is in the “best interests of the kid.” Child custody decisions are made independently of parental marital troubles unless those problems have a harmful impact on the child. When determining a custody determination, the judge may consider a variety of issues, such as:
- Housing situations of the parents.
- Capacity of the parents to provide for the child.
- The bond between the child and each parent.
- Other factors that affect the child’s well-being.
A custody case in North Carolina must be brought before the court in the county where either the kid or parent resides. You need to submit a complaint with the court for a custody order. Consulting an attorney can help you file your complaint correctly.
When divorcing amicably, you and the other parent/s or parties involved can work together to determine custody. If your spouse and you are able to come to terms on all issues related to child custody, then filing for an uncontested divorce may be the best option for you.
Parents
Custody petitions can only be submitted by a child’s biological parent. You can get assistance with the North Carolina judicial process, which includes the following from a family law attorney:
- Choosing the right county or district court to file your case in.
- Consecutive service of summons and complaint on the other parent.
- Getting ready for the mandatory mediation session.
When both parents and a qualified mediator sit down to talk about a custody dispute, it’s called mediation. It is typically necessary prior to taking a custody dispute to court. In many cases, a child custody dispute can be resolved with the assistance of a mediator instead of going to court. Filing for child custody rulings is not necessary in an uncontested divorce in which custody issues are worked out between you and your attorney.
A court hearing may be requested if you and the other parent are unable to reach an agreement over child custody through mediation. At the hearing, the judge will hear your side of the story as well as any testimony from witnesses. Once the hearing is over, the judge will make a custody decision, either temporary or permanent.
Grandparents and Non-Relatives
You can apply for custody or visitation rights if you have previously cared for a child, and you can show that the child’s biological parents are unfit or have abandoned the child. If you want custody or visitation rights, you’ll need to prove your relationship to the child.
In the event of a custody fight between the parents, grandparents may seek visitation rights.
Temporary Custody Orders
Legal authorities can issue either temporary or permanent child custody orders. Once a court issues a temporary custody order, he or she can either make permanent changes to the order OR dismiss the case.
Permanent Custody Orders
Temporary custody orders are binding under the law, but they can be amended before becoming final. A temporary custody order, however, eventually becomes a permanent custody order.
When the best interests of the kid are not being served by a temporary custody order, you can do the following:
- Coordinate a review of your case with your attorney.
- Request a new hearing.
- Submit an application for a custody trial with a final resolution.
Alter an Existing Order
After a custody case is concluded and a judge has issued a ruling, the losing party may file a Motion to Modify with the same court. If you want a judge to reconsider their decision on permanent custody, you’ll need to prove that there has been a major change in conditions that affect the child.
You’ll also have to show that the status quo isn’t in the child’s best interest, and that a change is necessary.
Can the Child Make a Decision?
Parents or other parties with a stake in the case often bring minors as witnesses in legal proceedings. However, depending on the child’s age and maturity level, certain judges may not look favorably on this strategy. The child’s ability to tell the truth must also be taken into account. Despite the difficulties, kids may be able to attest to:
- Incidents that directly impact child custody.
- To what extent they have a preference.
- Arguing your side.
The success of your child custody case hinges on your ability to present your case in court in a methodical and unambiguous fashion. Even if you don’t have a lawyer, you still need to follow the norms of evidence and civil procedure.
A skilled family law attorney guides you through the procedure and explains your rights and responsibilities. They aid in providing a more detailed account of your family’s situation, allowing the court to make an informed decision about the child’s best interests.
Allow Us to Assist You
We at https://www.garrettandwalker.com/ know how crucial it is to ensure a child’s sense of security and safety at every stage of their development. To resolve custody disputes, we collaborate with you to develop a comprehensive strategy. We analyze your child custody case from every possible angle and discover the strongest points to submit in your favor. Reach out to us right now to see how we can aid you in a custody dispute.