State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-13_1

§ 50‑13.1.  Action orproceeding for custody of minor child.

(a)        Any parent,relative, or other person, agency, organization or institution claiming theright to custody of a minor child may institute an action or proceeding for thecustody of such child, as hereinafter provided. Any person whose actionsresulted in a conviction under G.S. 14‑27.2 or G.S. 14‑27.3 and theconception of the minor child may not claim the right to custody of that minorchild. Unless a contrary intent is clear, the word "custody" shall bedeemed to include custody or visitation or both.

(a1)      Notwithstanding anyother provision of law, any person instituting an action or proceeding forcustody ex parte who has been convicted of a sexually violent offense asdefined in G.S. 14‑208.6(5) shall disclose the conviction in thepleadings.

(b)        Whenever it appearsto the court, from the pleadings or otherwise, that an action involves acontested issue as to the custody or visitation of a minor child, the matter,where there is a program established pursuant to G.S. 7A‑494, shall beset for mediation of the unresolved issues as to custody and visitation beforeor concurrent with the setting of the matter for hearing unless the courtwaives mediation pursuant to subsection (c). Issues that arise in motions forcontempt or for modifications as well as in other pleadings shall be set formediation unless mediation is waived by the court. Alimony, child support, andother economic issues may not be referred for mediation pursuant to thissection. The purposes of mediation under this section include the pursuit ofthe following goals:

(1)        To reduce anyacrimony that exists between the parties to a dispute involving custody orvisitation of a minor child;

(2)        The development ofcustody and visitation agreements that are in the child's best interest;

(3)        To provide theparties with informed choices and, where possible, to give the parties theresponsibility for making decisions about child custody and visitation;

(4)        To provide astructured, confidential, nonadversarial setting that will facilitate thecooperative resolution of custody and visitation disputes and minimize thestress and anxiety to which the parties, and especially the child, aresubjected; and

(5)        To reduce therelitigation of custody and visitation disputes.

(c)        For good cause, onthe motion of either party or on the court's own motion, the court may waivethe mandatory setting under Article 39A of Chapter 7A of the General Statutesof a contested custody or visitation matter for mediation. Good cause mayinclude, but is not limited to, the following: a showing of undue hardship to aparty; an agreement between the parties for voluntary mediation, subject tocourt approval; allegations of abuse or neglect of the minor child; allegationsof alcoholism, drug abuse, or domestic violence between the parents in common;or allegations of severe psychological, psychiatric, or emotional problems. Ashowing by either party that the party resides more than fifty miles from thecourt shall be considered good cause.

(d)        Either party maymove to have the mediation proceedings dismissed and the action heard in courtdue to the mediator's bias, undue familiarity with a party, or otherprejudicial ground.

(e)        Mediationproceeding shall be held in private and shall be confidential. Except asprovided in this Article, all verbal or written communications from either orboth parties to the mediator or between the parties in the presence of themediator made in a proceeding pursuant to this section are absolutelyprivileged and inadmissible in court. The mediator may assess the needs andinterests of the child, and may interview the child or others who are notparties to the proceedings when he or she thinks appropriate.

(f)         Neither themediator nor any party or other person involved in mediation sessions underthis section shall be competent to testify to communications made during or infurtherance of such mediation sessions; provided, there is no privilege as tocommunications made in furtherance of a crime or fraud. Nothing in thissubsection shall be construed as permitting an individual to obtain immunityfrom prosecution for criminal conduct or as excusing an individual from thereporting requirements of Article 3 of Chapter 7B of the General Statutes or G.S.108A‑102.

(g)        Any agreementreached by the parties as a result of the mediation shall be reduced towriting, signed by each party, and submitted to the court as soon aspracticable. Unless the court finds good reason not to, it shall incorporatethe agreement in a court order and it shall become enforceable as a courtorder. If some or all of the issues as to custody or visitation are notresolved by mediation, the mediator shall report that fact to the court.

(h)        If an agreementthat results from mediation and is incorporated into a court order is referredto as a "parenting agreement" or called by some similar name, itshall nevertheless be deemed to be a custody order or child custodydetermination for purposes of Chapter 50A of the General Statutes, G.S. 14‑320.1,G.S. 110‑139.1, or other places where those terms appear.

(i)         If the child whosecustody is the subject of an action under this Chapter also is the subject of ajuvenile abuse, neglect, or dependency proceeding pursuant to Subchapter 1 ofChapter 7B of the General Statutes, then the custody action under this Chapteris stayed as provided in G.S. 7B‑200. (1967, c. 1153, s. 2; 1989, c. 795, s. 15(b); 1998‑202,s. 13(p); 2004‑128, s. 10; 2005‑320, s. 5; 2005‑423, s. 4;2007‑462, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-13_1

§ 50‑13.1.  Action orproceeding for custody of minor child.

(a)        Any parent,relative, or other person, agency, organization or institution claiming theright to custody of a minor child may institute an action or proceeding for thecustody of such child, as hereinafter provided. Any person whose actionsresulted in a conviction under G.S. 14‑27.2 or G.S. 14‑27.3 and theconception of the minor child may not claim the right to custody of that minorchild. Unless a contrary intent is clear, the word "custody" shall bedeemed to include custody or visitation or both.

(a1)      Notwithstanding anyother provision of law, any person instituting an action or proceeding forcustody ex parte who has been convicted of a sexually violent offense asdefined in G.S. 14‑208.6(5) shall disclose the conviction in thepleadings.

(b)        Whenever it appearsto the court, from the pleadings or otherwise, that an action involves acontested issue as to the custody or visitation of a minor child, the matter,where there is a program established pursuant to G.S. 7A‑494, shall beset for mediation of the unresolved issues as to custody and visitation beforeor concurrent with the setting of the matter for hearing unless the courtwaives mediation pursuant to subsection (c). Issues that arise in motions forcontempt or for modifications as well as in other pleadings shall be set formediation unless mediation is waived by the court. Alimony, child support, andother economic issues may not be referred for mediation pursuant to thissection. The purposes of mediation under this section include the pursuit ofthe following goals:

(1)        To reduce anyacrimony that exists between the parties to a dispute involving custody orvisitation of a minor child;

(2)        The development ofcustody and visitation agreements that are in the child's best interest;

(3)        To provide theparties with informed choices and, where possible, to give the parties theresponsibility for making decisions about child custody and visitation;

(4)        To provide astructured, confidential, nonadversarial setting that will facilitate thecooperative resolution of custody and visitation disputes and minimize thestress and anxiety to which the parties, and especially the child, aresubjected; and

(5)        To reduce therelitigation of custody and visitation disputes.

(c)        For good cause, onthe motion of either party or on the court's own motion, the court may waivethe mandatory setting under Article 39A of Chapter 7A of the General Statutesof a contested custody or visitation matter for mediation. Good cause mayinclude, but is not limited to, the following: a showing of undue hardship to aparty; an agreement between the parties for voluntary mediation, subject tocourt approval; allegations of abuse or neglect of the minor child; allegationsof alcoholism, drug abuse, or domestic violence between the parents in common;or allegations of severe psychological, psychiatric, or emotional problems. Ashowing by either party that the party resides more than fifty miles from thecourt shall be considered good cause.

(d)        Either party maymove to have the mediation proceedings dismissed and the action heard in courtdue to the mediator's bias, undue familiarity with a party, or otherprejudicial ground.

(e)        Mediationproceeding shall be held in private and shall be confidential. Except asprovided in this Article, all verbal or written communications from either orboth parties to the mediator or between the parties in the presence of themediator made in a proceeding pursuant to this section are absolutelyprivileged and inadmissible in court. The mediator may assess the needs andinterests of the child, and may interview the child or others who are notparties to the proceedings when he or she thinks appropriate.

(f)         Neither themediator nor any party or other person involved in mediation sessions underthis section shall be competent to testify to communications made during or infurtherance of such mediation sessions; provided, there is no privilege as tocommunications made in furtherance of a crime or fraud. Nothing in thissubsection shall be construed as permitting an individual to obtain immunityfrom prosecution for criminal conduct or as excusing an individual from thereporting requirements of Article 3 of Chapter 7B of the General Statutes or G.S.108A‑102.

(g)        Any agreementreached by the parties as a result of the mediation shall be reduced towriting, signed by each party, and submitted to the court as soon aspracticable. Unless the court finds good reason not to, it shall incorporatethe agreement in a court order and it shall become enforceable as a courtorder. If some or all of the issues as to custody or visitation are notresolved by mediation, the mediator shall report that fact to the court.

(h)        If an agreementthat results from mediation and is incorporated into a court order is referredto as a "parenting agreement" or called by some similar name, itshall nevertheless be deemed to be a custody order or child custodydetermination for purposes of Chapter 50A of the General Statutes, G.S. 14‑320.1,G.S. 110‑139.1, or other places where those terms appear.

(i)         If the child whosecustody is the subject of an action under this Chapter also is the subject of ajuvenile abuse, neglect, or dependency proceeding pursuant to Subchapter 1 ofChapter 7B of the General Statutes, then the custody action under this Chapteris stayed as provided in G.S. 7B‑200. (1967, c. 1153, s. 2; 1989, c. 795, s. 15(b); 1998‑202,s. 13(p); 2004‑128, s. 10; 2005‑320, s. 5; 2005‑423, s. 4;2007‑462, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_50 > GS_50-13_1

§ 50‑13.1.  Action orproceeding for custody of minor child.

(a)        Any parent,relative, or other person, agency, organization or institution claiming theright to custody of a minor child may institute an action or proceeding for thecustody of such child, as hereinafter provided. Any person whose actionsresulted in a conviction under G.S. 14‑27.2 or G.S. 14‑27.3 and theconception of the minor child may not claim the right to custody of that minorchild. Unless a contrary intent is clear, the word "custody" shall bedeemed to include custody or visitation or both.

(a1)      Notwithstanding anyother provision of law, any person instituting an action or proceeding forcustody ex parte who has been convicted of a sexually violent offense asdefined in G.S. 14‑208.6(5) shall disclose the conviction in thepleadings.

(b)        Whenever it appearsto the court, from the pleadings or otherwise, that an action involves acontested issue as to the custody or visitation of a minor child, the matter,where there is a program established pursuant to G.S. 7A‑494, shall beset for mediation of the unresolved issues as to custody and visitation beforeor concurrent with the setting of the matter for hearing unless the courtwaives mediation pursuant to subsection (c). Issues that arise in motions forcontempt or for modifications as well as in other pleadings shall be set formediation unless mediation is waived by the court. Alimony, child support, andother economic issues may not be referred for mediation pursuant to thissection. The purposes of mediation under this section include the pursuit ofthe following goals:

(1)        To reduce anyacrimony that exists between the parties to a dispute involving custody orvisitation of a minor child;

(2)        The development ofcustody and visitation agreements that are in the child's best interest;

(3)        To provide theparties with informed choices and, where possible, to give the parties theresponsibility for making decisions about child custody and visitation;

(4)        To provide astructured, confidential, nonadversarial setting that will facilitate thecooperative resolution of custody and visitation disputes and minimize thestress and anxiety to which the parties, and especially the child, aresubjected; and

(5)        To reduce therelitigation of custody and visitation disputes.

(c)        For good cause, onthe motion of either party or on the court's own motion, the court may waivethe mandatory setting under Article 39A of Chapter 7A of the General Statutesof a contested custody or visitation matter for mediation. Good cause mayinclude, but is not limited to, the following: a showing of undue hardship to aparty; an agreement between the parties for voluntary mediation, subject tocourt approval; allegations of abuse or neglect of the minor child; allegationsof alcoholism, drug abuse, or domestic violence between the parents in common;or allegations of severe psychological, psychiatric, or emotional problems. Ashowing by either party that the party resides more than fifty miles from thecourt shall be considered good cause.

(d)        Either party maymove to have the mediation proceedings dismissed and the action heard in courtdue to the mediator's bias, undue familiarity with a party, or otherprejudicial ground.

(e)        Mediationproceeding shall be held in private and shall be confidential. Except asprovided in this Article, all verbal or written communications from either orboth parties to the mediator or between the parties in the presence of themediator made in a proceeding pursuant to this section are absolutelyprivileged and inadmissible in court. The mediator may assess the needs andinterests of the child, and may interview the child or others who are notparties to the proceedings when he or she thinks appropriate.

(f)         Neither themediator nor any party or other person involved in mediation sessions underthis section shall be competent to testify to communications made during or infurtherance of such mediation sessions; provided, there is no privilege as tocommunications made in furtherance of a crime or fraud. Nothing in thissubsection shall be construed as permitting an individual to obtain immunityfrom prosecution for criminal conduct or as excusing an individual from thereporting requirements of Article 3 of Chapter 7B of the General Statutes or G.S.108A‑102.

(g)        Any agreementreached by the parties as a result of the mediation shall be reduced towriting, signed by each party, and submitted to the court as soon aspracticable. Unless the court finds good reason not to, it shall incorporatethe agreement in a court order and it shall become enforceable as a courtorder. If some or all of the issues as to custody or visitation are notresolved by mediation, the mediator shall report that fact to the court.

(h)        If an agreementthat results from mediation and is incorporated into a court order is referredto as a "parenting agreement" or called by some similar name, itshall nevertheless be deemed to be a custody order or child custodydetermination for purposes of Chapter 50A of the General Statutes, G.S. 14‑320.1,G.S. 110‑139.1, or other places where those terms appear.

(i)         If the child whosecustody is the subject of an action under this Chapter also is the subject of ajuvenile abuse, neglect, or dependency proceeding pursuant to Subchapter 1 ofChapter 7B of the General Statutes, then the custody action under this Chapteris stayed as provided in G.S. 7B‑200. (1967, c. 1153, s. 2; 1989, c. 795, s. 15(b); 1998‑202,s. 13(p); 2004‑128, s. 10; 2005‑320, s. 5; 2005‑423, s. 4;2007‑462, s. 1.)

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