How do I get sole legal custody of my child?

In North Carolina, the court determines legal custody of a minor child. To obtain sole legal custody of a minor child, the court must be provided with evidence that the custody arrangement is in the best interests of the child. Depending on the specific situation, an applicant for sole legal custody may be required to prove that both biological parents are unfit to have legal custody or provide evidence of existing or historic family violence. The best way to obtain sole legal custody of a child is to file a custody action with the clerk of court in the county where the child resides. As part of the custody action, the applicant will need to submit a complaint and affidavit to the court, as well as an affidavit from any witnesses. In addition, the parties must complete a custody assessment and submit all documentation to the court. The court will then examine the evidence provided by the parties and may require the parents to participate in a mediation process. Once the court has considered all evidence provided, a court order for legal custody will be issued. If a final order of sole legal custody is issued, the party who obtained the order will have the legal right to make major decisions regarding the child’s upbringing. It is important to note that in North Carolina, legal custody does not include physical custody of the child. Physical custody of the child is dealt with in a separate hearing. In addition, the family court may order joint legal custody if it is in the best interests of the child.

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How do I get sole legal custody of my child?

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