How do custody and visitation rights work?
In North Carolina, custody rights refer to the legal rights a parent has to make decisions about their child’s upbringing, such as educational choices and medical care. Visitation rights relate to how much time a parent can spend with their child. In general, North Carolina courts prefer that parents have joint legal custody of their child, meaning they both have an equal say in the child’s upbringing. In some cases, one parent may have sole legal custody, meaning they have the exclusive authority to make decisions for the child. When it comes to physical custody, this usually involves one parent having primary residential custody, meaning the child lives with them, and the other parent having visitation rights, or the right to visit the child. In most cases, visitation rights are divided up in an equitable fashion, meaning that both parents get an equal amount of time with the child. Visitation schedules are generally determined by the court and are tailored to fit each family’s unique needs. Generally, unless there is a good reason for otherwise, the court prefers that each parent is able to maintain a meaningful relationship with the child. If both parents agree, they can work out a custody and visitation plan without involving the court. However, any agreement they make must be approved by the court before it becomes legally binding.
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