Custody

Civil Court Custody Order

North Carolina Legal Options for Kinship Caregivers

When Child Welfare IS NOT Involved

A custody order obtained in a civil district court gives you legal custody and the right to physically care for the child and to make decisions about that child’s welfare. It does not terminate the child’s parents’ parental rights, but in order to regain custody, the parents have to go back to court. Many courts will require custody mediation before moving to trial. Resources to understand grandparents’ rights for custody in NC.

If I Have a Civil Court Custody Order. . .

What Decisions Can I Make for the Child?

Yes, with a Civil Court Order you have the authority to make medical decisions for the child.

The custody order can set up a visitation schedule that allows one or both parents to visit the child. It can also set conditions on visitation, such as requiring that another person be present to supervise or that the parent cannot drive with the child. If a parent wants visitation, the court will generally allow it unless it is not in the child’s best interest. If needed, the court can include a restraining order or a domestic violence protection order within the custody order that prohibits the child’s parent from visiting, contacting, or harassing you or the child.

Yes, with a Civil Court Order you have the authority to enroll your child in school and make other educational decisions for them.

No, a Civil Court Order does not give you authority to decide who will care for the child if you die, or if something happens to you.

Tipsheet: Planning for the What-Ifs

What Financial Supports Are Available?

*The child’s parents are still financially responsible for the child. If you choose, the custody order can require one or both of the child’s parents to pay child support and provide health coverage for the child.

No. However, your family may qualify for public benefits through the Department of Social Services (DSS), such as food or energy assistance and Work First (TANF) payments.

No, the child welfare agency does not pay for childcare. However, childcare may be available as a public benefit in your county. Check with your county DSS office.

Find Your County’s DHHS Office

Yes, if the child qualifies to receive the benefit.

Programs for Grandfamilies & Kinship Families

Your family must qualify on your own. However, adding a child or children to the family may change your eligibility for public benefits.

NC DHHS Assistance Programs

The Temporary Assistance to Needy Families (TANF) program, known as Work First in NC, is designed to provide financial assistance to low-income families while also helping them become self-sufficient.

Once you are the child’s guardian, you can apply for a child-only Work First grant.

There are two types of grants under TANF:

Child-only TANF (Work First) Grants

Child-only TANF (Work First) Grants are designed to consider the needs and income of only the children.

Since most children do not have an income, nearly all children cared for by a relative are eligible for child-only grants. Child-only TANF payments are considerably less than foster care monthly subsidies or adoption and guardianship assistance. Also, they only increase a small amount for each additional child.

Family Grants

The State considers the kinship caregiver’s income for family TANF (Work First) grants.

Since these grants are designed to address the needs of the children and their caregivers, these payments are generally larger than child-only grants. Note that people raising a child but not biologically related to the child (such as godparent, neighbor, friend, etc.) are not eligible to include the child when applying for family Work First payments.

Receiving TANF (Work First)

Temporary Assistance for Needy Families (TANF) federal policy requires caregivers to assign their right to child support to the state, tribe, or territory to receive TANF grants.

This means kinship caregivers must cooperate with the state to seek child support from the parents. If you have a good reason not to want the child’s parent to pay child support, ask the TANF/Work First agency about the “good cause” exemption for this requirement.

Apply at your local DHHS Office

Social Security may pay benefits to grandchildren when the grandparent retires, becomes disabled, or dies if certain conditions are met.

To receive this benefit, your grandchild must have begun living with you before age 18 and received at least one-half of their support from you for a year before the grandparent becomes entitled to benefits. Check out the social security website link, ssa.gov for more details.

These benefits are not available for other kinship relationships, such as when an aunt is caring for a nephew.

Find Out More At ssa.gov

SSI provides monthly cash payments to help meet the basic needs of children who have a physical or mental disability or who are blind. If you care for a child or teenager with a disability and have limited income and savings or other resources, your child may be eligible for SSI.

Children under age 18 can get a Supplemental Security Income (SSI) cash payment if they meet Social Security’s definition of disability for children and there are limited income and resources in the household.

Ask for the court order to specify that the SSI benefits come to you as the child’s custodian. If one of the child’s parents dies while you are the custodian, the child may still qualify for death benefits.

Find Out More At ssa.gov

Are There Any Additional Services Available?

Child welfare (Department of Social Services, “DSS”) is not involved, but you have to go to the civil district court to get the custody order.

(for example, daycare, transportation assistance to appointments, scheduling appointments, etc.)

No

Many children raised by kin are eligible for health insurance through Medicaid.

Often the child can remain on their parent’s health insurance policy. However, if you have private health insurance, you will need to check with the insurer to determine whether you can add the child to your policy.

Medicaid provides coverage for many healthcare expenses for low-income children and adults, including visits to the doctor, checkups, screenings, prescriptions, and hospitalization.

You can apply for Medicaid on behalf of the children living with you. Medicaid does not have open enrollment periods, so you can apply at any time of the year.

No, unless they qualify for a service unrelated to child welfare.

For support understanding FAFSA, visit gksnetwork.org.

Typically for children aged 17 and younger, you can claim the child as a dependent on your state and federal taxes if you have been caring for the child for more than half the tax year. However, you may need to have a conversation with the child’s parents to make sure that they are not claiming this credit.

Determine if you are eligible for the Federal or State Tax Credit:

Support for Grandparents Raising Grandchildren

Grandfamilies and the Child Tax Credit (CTC)

Advantages vs. Disadvantages of a Civil Court Order

Advantages

  • Provides greater stability for the child than either an informal agreement or a Power of Attorney. 
  • It does not terminate parental rights, but the parent has to go back to court before they can physically remove the child. 
  • Can provide clarity on visitation with parents and whether the parent can be alone with the child or drive with the child. 
  • You (the kinship caregiver) have clear authority to make all necessary medical and educational decisions for the child. 

Disadvantages

  • The child’s parents can regain custody and if a court agrees, you cannot prevent it. However, realistically it takes some effort to overturn if you opposed the parent regaining custody. 
  • You gain no additional financial or service support from the Department of Social Services. 

Tips

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Tips for Going to Court
Jessi Torres, Kinship Caregiver. Listen to their story, you are not alone.

NC Legal Options for Kinship Caregivers

Legal Options Quiz

Child Welfare Not Involved

Child Welfare Is Involved

Making the Decision

Finding an Attorney

Kinship Advisory Committee

Additional Resources

*Not Intended as Legal Advice