There are also certain limits of jurisdiction. The court must dismiss jurisdiction where a custody claim was brought in another state when the claim was filed in North Carolina, as long as the exercise of jurisdiction of the other state complies with the requirements of the UCCJEA. The rejection of jurisdiction is also appropriate if the plaintiff has violated another state`s custody order, unless the best interests of the child require the North Carolina court to assume jurisdiction despite that violation. While the parties can enter into contracts outside of court to determine who has custody of the children, the court still has the option of determining the welfare of the children. Our statutes allow, but do not require, the court of justice to insediquit appropriate attorneys` fees in a custodial action. The establishment of a fee presupposes that the Court finds that the interested party is acting in good faith and does not have sufficient resources to bear the costs. Such a distinction is not limited to the winning party. A temporary custody decision sets the custody of each party pending a decision on the right to permanent custody and creates order for a family in chaos. The court will often enter into both a legal custody agreement and a physical custody agreement.
The temporary custody settlement is, in many ways, just a paved measure of the court to impose a timetable if the parents cannot reach an agreement. Sole custody means that the child lives with only one parent, while the child can visit with the other parent. Shared custody means that the child`s time is shared between the parents. There are many possibilities for common physical conservation. One parent may have primary physical custody, which means that the child lives most of the time with that parent, while the other parent has secondary physical custody, such as every other weekend or a regularly scheduled dinner. Alternatively, there may be a uniform distribution in which the child alternates regularly between his parents. Typically, before a judge can hear your case, they are sent to the Custody Mediation Program. For more information on custodial mediation, see the topic of custodial mediation assistance. If you and the other party are unable to agree on a custody and visitation plan during mediation, a judge may hear your case to make a decision for you.
In most cases, a hearing is scheduled only if one of the parties requests it. You don`t need a lawyer to apply for custody. However, custody cases are often complicated and a lawyer can help. It can also be difficult for you to file the appropriate documents without the help of a lawyer. Even if the other parent has a lawyer, it is especially helpful if you have a lawyer. If you and the other parent are unable to agree on a custody decision during mediation, a judge will decide your case after a trial where you will both have the opportunity to testify and call witnesses. . . .