The judges decide custody of the children on the basis of the “welfare of the child.” This decision can include many factors, such as the organization of the parents` lives, the ability of each parent to care for the child, the child`s relationship with each parent and all other factors that influence the child`s well-being. While fairness to parents is important, it is secondary to the best interests of the child. The deficiencies of a party as a spouse or partner generally have a significant weight only if they also affect the educational capacity of the party. A lawyer can advise you on the most important factors in your specific case. They also don`t want questions about the holidays. Tell me you agree with a week,week of on-call schedule, but you haven`t really discussed the holidays. Well, you can expect that you should have Christmas while the other parent expects the same. You want to make sure you address some things in the written custody agreement. And you want a written custody contract, because it also allows you to plan. Jurisprudence, North Carolina General Statutes sections 50-13.1 to 50-13.9, and Chapter 50A of the statutes, the latter is known as the Uniform Child Jurisdiction Custody Act, providing the parameters for lawsuits concerning custody of children. Any parent, parent or other person, agency, organization or institution seeking custody of a minor child can take legal action.
Filing a complaint, counter-action or motion on the merits in a pre-pending action are the usual methods of bringing custody to court. Yes, you can gather your own evidence. You must ensure that the evidence you receive has been legally received and does not constitute a violation of state and federal law. It is best to talk to a lawyer so that they can advise you on the legal avenues to get the evidence, to help in your custody procedure. A conviction for detention is enforceable through civil contempt proceedings and disobedience to a court order can also be dealt with in criminal contempt proceedings. Civil contempt can also be used as an enforcement measure during the appeal of any arrest warrant.