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When a marriage dissolves or parents separate, arrangements are typically needed to determine where any minor children will reside. If both parents want custody and cannot reach a mutual agreement, a family law lawyer can explain parental rights in North Carolina child custody cases.
If you are in a custody dispute, you should consider having a North Carolina family law lawyer on your side. They will listen to your version of events with compassion and fight for the decision that reflects your child’s best interests. A lawyer can also take an objective look at your current situation and help you develop a shared child custody arrangement.
How North Carolina Defines Sole Custody Versus Joint Custody
Pursuing child custody requires an understanding of how certain custodial arrangements work. If you are represented by a North Carolina family law lawyer, they can explain each custody type and your realistic options.
According to North Carolina Judicial Branch (NCCOURTS) information:
- Sole legal custody allows the custodial parent to make all major decisions that affect the child. Parents with sole legal custody can make these decisions on their own without consulting the other parent.
- Joint legal custody allows each parent an equal say in the decisions that affect the child’s life. Each must consult with the other before major decisions are made.
- Physical custody denotes which parent the child will live with. Physical custody can be sole or joint, with various distinctions.
A fair custodial arrangement is important for the emotional stability and well-being of the parents and their children. If you are represented by a lawyer, they can explain how child custody works and what arrangements could benefit your family.
Factors that Determine Child Custody
Courts have a primary focus when making physical custody designations. Primarily, they are concerned with preserving the child’s best interest and ensuring their safety. When making a decision, NCCOURTS will consider the following factors:
- Each parents’ residential environment
- Each parents’ financial circumstances
- Each party’s parenting ability
- How much parenting time is available
- Each parent-child relationship
- Allegations of child abuse
- Allegations of domestic violence, sexual abuse, or alcohol abuse
- Whether the other parent has made child support payments
- Whether the child has healthcare needs, such as help with a mental illness
- Any prior custody issues
Your lawyer will work hard to help you reach a mutually acceptable agreement outside of court. If one is not possible, your lawyer will prepare your case and represent you at a custody trial.
When to File for Custody or Modify an Existing Order
At the initial separation of your relationship, the child is likely to remain in the family residence with whichever parent also remains in the home. Once you relocate to a new home and settle in, you may decide to seek custody. Other reasons you might seek custody or a change in custody include:
- Your child’s current living arrangement becomes unsafe.
- The fitness of the child’s other parent changes.
- The other parent moves an unreasonable distance away.
- The other parent prevents you from seeing your child.
- The other parent threatens your visitation rights or custody rights.
You can also seek custody if the other parent becomes financially unable to meet the child’s needs or refuses to abide by your current custody order. If a change in custody is in the best interest of the child, your lawyer will help you apply for it.
Child Custody Can Be Resolved Via Mediation
Mediation can be an objective way to decide where your child resides and when. A neutral third party will listen to both parents and recommend an equitable solution. If you and your child’s other parent are amenable to mediation, it can be fair and objective.
Mediation can help both parents alleviate stress, save time, and avoid the expense of court. Both parents are required to attend mediation and are given the opportunity to state their preferences and have their voices heard. Both are also required to attend orientation, which will explain the process in detail.
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The Benefits of Hiring a Family Law Attorney to Handle Your Child Custody Case
Custodial arrangements in North Carolina can have a long-lasting impact on your family—mostly on your child. When you hire a child custody attorney to fight for your parental rights, you get the strength of their entire team on your case.
If you are represented by a lawyer, they will do all of the following:
- Provide assessments of both possible custodial homes
- Document your financial and psychological fitness
- Speak with all interested parties on your behalf
- Handle all relevant filings, motions, and hearings
- Represent you at hearings and court appearances
- Address issues of concern in the other parent’s home
Another benefit of hiring a child custody lawyer is the peace of mind they can provide. Your lawyer will explain state law and its impact on your case, all while fighting for the best possible custody arrangement. North Carolina’s custodial laws can get complicated, but with an advocate, you can make the right decisions for your family.
How Child Custody and Support Work Together in Your Child’s Best Interest
Children are entitled to have their residential and financial needs met by both parents, whenever possible. If you are meeting your child support obligations, your lawyer will help you demonstrate that fact.
If a change in your existing custody necessitates a change in child support, your lawyer will explain the steps they take to put appropriate support options in place. They can also assist if a modification is in order.
Get Legal Support for Your North Carolina Child Custody Matter
Physical child custody is an important issue that should have the best interest of your child at its heart. If you are seeking to obtain, change, or modify custody, our law firm will fight for your preferred outcome.
Learn more about parental rights in North Carolina child custody cases and how hard we fight for your family. Call our consultation team at Farmer & Morris Law, PLLC to get started today.
