In North Carolina, when most people think about Child Custody, they think about the type of custody schedule that will be in place for their children. In other words, on what nights will the children be with one parent and on what nights will they be with the other parent. While this is most certainly a large part of Child Custody in North Carolina, there are other considerations as well that are usually dealt with in a Child Custody Order, Consent Order, or Agreement.
One common group of Child Custody provisions in Orders, Consent Orders, and Child Custody Agreements are “Parenting Rules.” As the name indicates, these are rules that apply specifically to parents and govern how they parent their children. These rules vary from standard rules found in almost every custody arrangement, to rules specially tailored based on the children and the parents involved.
One of the most common “Parenting Rules” governs each parents rights to access their child via telephone or some other electronic means (ex. Skype) while their child is in the other parent’s custody at the time. Whereas some provisions of this nature might set specific times and duration for such calls, others might leave this area more general, yet still guarantee a parent’s right to speak with their child whenever they are not currently with them. Yet another common “Parenting Rule” is the prohibition against speaking negatively about the other parent in the presence of the children. The need to prohibit such conduct is obvious to most people, but it is important to have such a Rule in place so that it may be enforced if need be.
Although many “Parenting Rules” are common among Child Custody arrangement throughout the State, there are also often provisions that are specifically tailored to certain situations. For example, if there is a history of one parent smoking while in a vehicle with the children, a Child Custody Order, Consent Order, or Agreement may prohibit such conduct to ensure the children’s safety.
As with everything in North Carolina Family Law, there is no “one size fits all” set of standards that will fit every family situation just right. While certain common “Parenting Rules” might be advisable in most situations, other must be tailored to the family they affect. Your collaborative divorce team is ready to work closely with you to help you tailor “Parenting Rules” that will benefit your children for years to come.
By Katie Miller