Making a North Carolina Custody Agreement

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.