Oct. 10, 2022

Parental Rights: The Outline in North Carolina

joyful small daughter giving high five to satisfied with homework results motherFor those graced with children, parenting is one of the great delights in their lives. The high spirits, however, come with a remarkable sense of responsibility to take care of them and bring them up correctly.

Parental Rights and Custody

Every parent should know that duties and legal rights are connected with parenthood. These cardinal rights are either physical or legal custody. In North Carolina, parents hold equal rights to physical and legal custody of their children apart from where court orders or agreements are in place.

Physical custody depicts a parent’s rights to decide where the child lives, the right to contact and visitations, and child care. Legally, nothing holds back a parent from physical possession or utilizing their authority in decision-making in their children.

Parents have the right to direct the raising of their children and make significant decisions concerning them under legal custody. Under this custody lies critical rights forming the meaning of impact values, teach, raise, and protection on the child that includes: authorization, medical decisions, legal decisions, religious decisions, and educational decisions.

Courts in North Carolina have affirmed that parental rights are foundational in most cases. The well-being and safety of a child are the top priority in children’s custody cases.

A parent has the right to present a child custody case in a court of law, and a judge has the power to determine the child’s custody, considering the child’s emotional, mental, and parental capability to meet the child’s physical needs.

In the event of a separation of parents, child custody becomes an emotive issue that, in most cases, ends up in legal hands. Mercedes Chut, one of the custody lawyers NC, understands the provocations that come with a divorce.

For all your child custody and North Carolina parental rights needs, an experienced family attorney will offer professional advice and quality representation considering your parental rights while protecting your interests and individual rights.

Establishing Parental Rights

Equal rights are tabled for non-custodial parents. A right to visitation for parents who lack physical custody can be administered in the courts. With the approval of the courts, private arrangement about visitation are be made with each party required to adhere to the provision strictly. With joint custody, equal rights on a child’s significant decisions about rearing the child.

How to Sign Over Parental Rights in NC

In this case, you want to terminate your own rights as a parent voluntarily. It is not possible to sign over parental rights voluntarily. This is particularly true in cases where a parent is trying to get out of paying child support.

Parental rights can only be terminated with judicial consent. The court must find a valid reason to terminate a parent’s right to custody, such as abuse or abandonment. The only way to legally and voluntarily surrender parental rights is in the event that the other parent petitions for termination.

How to Terminate Parental Rights

Many guardians have raised children abandoned by parents on various grounds, such as criminal activities, drug addiction, mental problems, alcoholism, or other critical situations.

Sometimes, termination of parental rights is just the only way to a healthy childhood. A petition to remove parental rights may be filed by either parent, judiciously appointed guardian, or any county DSS, consolidated county human services agency, or licensed child-placing agency.

The case file will be examined in order to determine the best interest of the child. The parent has the right to legal counsel plus guardian ad litem.

The court may also terminate a father’s parental right where they have not established paternity in any legal process. Where a parent is not known, and the court has with no success been unable to trace the parent, the unknown parent’s rights are terminated.

The laws around child custody and parental rights in NC can be confusing and complicated. Attempting to navigate the process personally can be challenging and overwhelming.

Seeking the services of an experienced family lawyer and the best child custody lawyer in NC can be lifesaving. Mercedes Chut serving the whole of North Carolina, takes your privacy as our primary attention. We understand the personal and confidential meaning, and your information will never leak to a third party through us.

Mercedes Chut has a client-focused technique and represents thoughtfully and with compassion. We want to assist you in exercising and preserving your rights as a parent. If you need to modify or explore existing current custody rights or pursue an adoption interest, call us today to have your appointment scheduled.

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