Don't panic! It is EXTREMELY difficult for a person to simply lose all custody rights to their child. NC courts do not favor a mother or a father in child custody suits and each parent has equal rights to the care, custody and control of their children. In order for youR ex to gain sole custody the court must find that you are "unfit" which is a long drawn out process with a high threshold to overcome.
There are 2 types of custody that the court will award solely to one person or jointly to the both of you:
- Physical Custody: physically caring for the child
- Legal Custody: the ability to make decisions regarding the child's religion, education, and other decisions about the child's upbringing.
Remember that your ex must file for "custody modification" to change a current custody court order. The court will hear both sides and make a decision regarding the custody arrangements after determining what is in the child's "best interest." Even if you two agree to the change, the court must make a ruling so that it will be binding. Otherwise, if your ex no longer agrees with the change (or is just upset with you one day) you will be in violation of the original custody order and can be hauled into court on contempt charges.
Child Custody is a very stressful process and parents are very emotional while also trying to navigate the legal system. It can be very helpful to use the assistance of an attorney to interpret the legal jargon and take the added stress of court hearings, motions, and orders off of your back. If you have more questions, contact me at (919)321-6568, Nastasia@kisalawatkins.com, Kisala Watkins Law Group, PLLC.
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