Child custody cases are never easy, especially when one parent is unemployed. In these situations, the courts must consider various factors to determine the best interests of the child. In North Carolina, child custody is determined based on the child’s physical, mental, emotional, and overall wellbeing, regardless of the parent’s employment status. Here’s what you need to know about how child custody is determined in North Carolina when one parent is unemployed.
Understanding Child Custody in North Carolina
In North Carolina, there are two types of child custody – legal custody and physical custody. Legal custody refers to the right to make important decisions on behalf of the child, such as education, healthcare, and religion. Physical custody refers to where the child resides and spends their time.
North Carolina courts encourage both parents to have a role in the child’s life whenever possible. The courts also favor custody arrangements that provide the child with a stable and nurturing environment.
Factors Considered When Determining Custody
When determining child custody, North Carolina courts consider various factors, including:
The child’s relationship with each parent
The court will consider each parent’s relationship with the child, including their involvement in the child’s life, the bond between the child and each parent, and their ability to provide for the child’s basic needs.
Each parent’s ability to care for the child
The court will consider each parent’s ability to provide for the child’s needs, including food, shelter, clothing, education, and healthcare. They will also consider each parent’s ability to create a safe and stable environment for the child.
The child’s preferences
If the child is old enough, the court may also consider the child’s preferences when determining custody. However, the child’s preferences are not the only factor considered, and the court may overrule them if they believe a different custody arrangement is in the child’s best interests.
The parent’s employment status
The parent’s employment status is not the only factor considered when determining custody, but it can be a factor if it affects the parent’s ability to care for the child. For example, if a parent is unemployed and unable to provide for the child’s basic needs, the court may consider this when making a custody decision.
Tips for Parents
If you are a parent who is unemployed and going through a child custody case, there are some things you can do to improve your chances of securing custody:
- Make sure you are actively seeking employment and/or taking steps to improve your financial situation.
- Be actively involved in your child’s life, attending school events, doctor’s appointments, and extracurricular activities.
- Demonstrate your ability to provide a safe and stable home for your child, regardless of your employment status.
- Be willing to work with the other parent to create a custody arrangement that is in the best interests of the child.
Conclusion
In North Carolina, child custody is determined based on the best interests of the child, regardless of the parent’s employment status. The court considers various factors when making a custody decision and encourages both parents to have a role in the child’s life whenever possible. If you are a parent who is unemployed going through a child custody case, it’s important to seek legal advice and take steps to demonstrate your ability to provide for your child’s needs.