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    2022
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Nc Legal Decision Making

A parent who has sole custody can make important decisions about the child`s life without consulting the other parent. If parents have joint custody, they must consult with each other and make important decisions together, such as where the child will go to school or whether the child will have a major medical procedure. If the parents cannot agree, a court may have to make the decision. Custody includes the right to make important decisions about a child and the right to have the child in your care. Access is a secondary form of custody that includes the right to visit a child at times specified in a court order, sometimes under certain conditions. The term “visit” is often used to refer to a person`s parental leave when it is relatively limited. Like all Judicial College seminars, this course will be highly interactive. Participants will have many opportunities to practice new skills, discuss new ideas, and evaluate current practices. An important objective of the course is for participants to conduct a private individual review of their own decision-making approach, including identifying extrajudicial influences that affect the process. This three-day course is designed over a four-day period to allow time for this reflection as well as work outside the classroom. (These tasks will be relatively short and not arduous.) Before a judge can hear your case, they will usually be referred to the Custody Mediation Program. For more information about custody mediation, see the Custody mediation help topic. If you and the other party can`t agree on a custody and visitation plan in mediation, a judge can hear your case to make a decision for you.

In most cases, a hearing is scheduled only if one of the parties requests it. It is possible for an adult to have a general guardian or guardian of the person while retaining the authority to make health care decisions. A clerk can order “limited guardianship,” which allows the court clerk to share decision-making power between the adult and guardian. G.S. 35A-1212(a). For example, the employee may order the adult to retain authority to make health care decisions, and the guardian has the authority to make all other decisions, such as housing and employment. Judges decide on custody of children in the “best interests of the child”. This decision can include many factors, such as the parents` situation, each parent`s ability to care for the child, the child`s relationship with each parent, and any other factors that affect the child`s well-being.

While fairness to parents is important, it is secondary to the well-being of the child. As a general rule, a party`s shortcomings as a spouse or relationship partner will only be of considerable importance if they also affect the party`s ability to raise children. A lawyer can advise you on the most relevant factors in your particular case. Learn how to find a lawyer to represent you and other legal representation resources. In certain circumstances, a provider must make important decisions related to the provision or maintenance of life extension measures. A life-prolonging intervention is a medical procedure or intervention that “would only serve to artificially delay the time of death by maintaining, restoring or replacing a vital function, including medical ventilation, dialysis, antibiotics, artificial feeding and hydration, and similar forms of treatment.” G.S. 32A-16(4). If there is no guardian within the meaning of subsection (2), an officer who has the authority to make decisions in the health care sector by a valid power of attorney. If the provider has not consulted with the decision-maker on these critical issues, the decision-maker can initiate discussions with the healthcare team. When the adult is hospitalized, the decision-maker may also consult with the hospital`s ethics committee, as they are trained and experienced to manage complex end-of-life issues.

Like most states, North Carolina recognizes a person`s fundamental right to make their own health decisions. However, sometimes it is not possible for a patient to make or communicate a health decision. A patient may be unconscious, comatose, or otherwise unable to make or communicate a health decision. In these situations, North Carolina law has clarified who can consent to medical treatment for patients who cannot make or communicate their own decisions. Although the person`s guardian general or general guardian has the legal authority to independently consent to health care (except for sterilization of the mentally ill or retarded), the guardian may ask the court clerk to “consent” to this consent. It is unusual for a tutor, including a DSS director, to make this type of request. The guardian has the responsibility and authority to make decisions about the adult`s care and should have access to all the information necessary to make the decision. In addition, taking the time to seek an agreement could lead to unnecessary delays in health care. It is unclear how the omission of a case officer affects the guardian`s authority, but it seems unlikely that a guardian will accept care, service or treatment immediately after such a refusal. In addition, the registrar always has the option to dismiss the guardian and appoint another guardian. G.S. 35A-1290.

Custody orders from other states are valid in North Carolina. As a general rule, even if you and/or the child moved to North Carolina from another state, a judge in the home state will continue to make decisions in your case as long as one of the parties still lives there. If everyone has left the home state, you can ask the North Carolina courts to take over your case. If you want a North Carolina judge to enforce or change your order out of state, you must first register the order in North Carolina. The application for registration of a custody order from another state or country can be found here. You don`t have to hire a lawyer, but custody cases are often factually complicated and require the presentation of witnesses and documents. If you represent yourself in court, you are subject to the same rules of evidence and procedure as a licensed lawyer. Judicial officials, such as judges and clerks, cannot give you legal advice about your rights and obligations or the likely outcome of your case based on your family`s situation. For more information on finding a lawyer to represent you, see the “Find a lawyer” help topic. Parents who are no longer together are not required to obtain a custody order, but can do so if they do not agree on how to care for the child.

Non-parents do not need a custody order to temporarily care for a child as long as the parents agree that the child lives with or is in the care of the non-parent. However, schools, medical providers or other third parties may require a custody order before a non-parent can make decisions for a child. Please note that this blog post is not intended to provide a comprehensive overview of end-of-life decision-making. Rather, the goal is to help DSS administrators acting as guardians understand their responsibilities and the legal hierarchy of decision-making during these challenging times.

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