How Child Custody Works in North Carolina

While it is perhaps most common for child custody to come up in the process of going through a divorce, that is by no means the only time when custody has to be decided. Often, custody has to be revisited when one parent moves or their behavior changes (making it dangerous for the child or children to remain in their custody). The child may also reach an age where they can decide whom they want to live with and what situation works best for them.

Whether you are deciding on child custody for the first time as you go through your divorce or are coming back to the issue because of some change, you need to know how child custody works in your state.

This article is intended to help you sort through some of the complexities of child custody in North Carolina so you know what is ahead and how to best navigate the system for your children.

Types of Custody

Before getting into what a custody decision looks like, it’s important to highlight just how custody can be arranged. In North Carolina, custody arrangements can look very different from family to family.

Custody includes two elements: the physical custody of the child and the legal custody of the child. These often, but do not always overlap. These two types of custody can be shared by both parents (joint), be held by only one parent (sole), or else be given to a third party (if neither parent is seen as capable of taking care of the child).

When there is joint legal custody of a child, both parents can make important decisions for the child. This means either parent can decide on medical treatments, education, or other vital life choices. This often, but again not always, goes with joint physical custody, which means the child lives at different times with both parents. An arrangement can be made for joint legal custody that does not include joint physical custody.

In the case of sole legal custody, only one parent can make the important decisions for the child. Sole physical custody means the child only lives with one parent. Sometimes this is preferred, even in the event of good relations between all parties, to provide stability for the child.

If one parent has sole physical custody, the other parent will most likely (except in extreme cases) be granted some form of visitation rights. These can be unsupervised or supervised. An unsupervised visit allows the parent without physical custody to leave the home and take the child on outings or to their own home. There’s a lot of freedom, with limitations set beforehand. Supervised visits require another adult to be present for all interactions with the child. This can be someone of the parent’s choice or not, depending on the circumstances.

Contested or Uncontested Custody

Custody can be worked out privately by both parents. If an agreement is reached, the issue is uncontested and won’t involve a judge (barring very extreme circumstances). However, if both parents cannot reach a custody agreement, the issue is contested and will be decided by a judge.

How Custody Is Determined

In North Carolina, the child’s interests always come first. The state does not decide custody based on the gender of the parent. It also doesn’t consider whether the parent is a blood relative or a relative by adoption.

Instead, what a judge considers are a series of factors that are meant to show where the child will be happiest, healthiest, and safest. To begin with, the risk of domestic abuse or substance abuse will weigh heavily on the decision of the court.

If such abuse is not present, the judge will consider whether both parents can provide a stable home that is consistently safe and pleasant for the child. This includes basics like having a regular supply of food, consistent shelter in a safe area, access to clothes and medicine, but also includes where the child feels comfortable and happy.

Where the child has been living and with whom will also be important to the judge’s decision. Keeping the child in the home, community, and school they know is important, so parents that have not been in the family home, have moved far away, or are often away would be at a disadvantage.

The judge may also consider the child’s age and which parent has demonstrated in the past the characteristics of the primary caregiver.

If the child is old enough to voice an opinion, their preferences will also be considered by the judge.

How to Modify Child Custody in North Carolina

The goal of custody arrangements in North Carolina is to resolve the issue permanently to the greatest satisfaction possible for all parties. Sometimes, however, circumstances change, requiring changes to be made to a custody agreement. These can be positive (such as a parent returning to the area and being able to take joint custody of the child) or negative (a parent becoming unfit to care for the child).

Modifications can be agreed upon by both parents and might be relatively easy to put in place (although they likely will only be made if the change is significant). In the event only one parent wishes to modify, a judge will again become involved to find the best solution. A third party can also petition for a modification.

Do I Need a Child Custody Lawyer?

Where your child lives and who has control of the most important decisions in their lives is perhaps the most important decision that will be made in the process of a divorce. The laws surrounding divorce and child custody in North Carolina are extensive and complex, so it is always best to hire an experienced attorney to help you bring the best case for you and your child before the judge. This remains true in the case of modification, whether you are pursuing it for yourself, or the child’s other parent wishes to change the agreement.

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After-effects of Divorce on Debt Consolidation

How Will Divorce Affect My Debt Consolidation?

A divorce can be lethal for your emotional and financial health. It can increase your stress level and jeopardize your plan to pay off debts with a debt consolidation plan.

Debt consolidation is a broad term people use to imply the following things: Read more

Stacy B Miller is the content writer and editor at Oak View Law Group whose work has been featured in various blogs and websites. She works to eliminate the stigma of debt and show readers the best options for handling their own debt. Beyond writing about debt, Stacy enjoys cooking and traveling.

The Do’s And Don’ts Of Hiring a Calgary Divorce Lawyer MM Law

Divorce can be a life-shattering event, and many people don’t handle it well. When the divorce proceedings follow, you want to know you will be protected by a qualified and knowledgeable Calgary divorce lawyer. The right family law firm can tirelessly advocate for you and your children while in the courtroom. Never try to represent yourself because you stand to lose a lot without the right representation, and divorce will almost always have emotional ties that can fog your judgment: Read more

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Contact the best divorce lawyer in Boynton Beach

Marriage disputes are now a rising factor in the United States. While most people try to solve the disputes by negotiating, sometimes the disputes become serious in nature. And when it does, the matter reaches the court. That’s where all the complicated factors of a marriage dispute come in. The whole divorce filing procedure is complicated, and the parties filing for a divorce must have a sound knowledge of the Florida divorce policies. But not all people are well aware of the state laws. Fortunately, there are professional lawyers to help people who want a legal assistance. Divorce lawyer Boynton Beach offers their services to the people who require an understanding of the entire divorce filing procedure. DIVORCE MEDIATION: FEW FACTS ONE NEEDS TO KNOW

Why do you need a divorce attorney?

Divorce is the ultimate difficult step people consider when they give up on their marriage lives. And this is the phase when people fail to make right decisions. The divorce period causes mental stresses, and people fail to get over the trauma. With a divorce lawyer Boynton Beach, however, people would feel safe to work with. The lawyers offer legal as well as emotional assistance to their clients. They not only make sure that their client successfully files for a divorce; they also ensure that their clients get the assets/ property post-marriage. The attorneys keep themselves updated with the Florida divorce policies. Hence, if you want assistance in case of a marriage dispute, the lawyers’ knowledge and experience would prove to be the most beneficial factor for you.

Benefits

Getting a divorce is a complicated process. The person filing for a divorce needs to complete legal paper works and visit the court for frequent hearings. Besides, the divorce is not just about the official breakup between two people. Certain factors such as child custody, child care, alimony, property distribution and division between the responsible parties, and etc. matters while getting a divorce. Here, having a divorce attorney could help the person put forward his claims in the court and get his/ her share of property legally. Besides, the lawyer ensures spousal assistance post-judgment period.

Conclusion

While you can file a divorce on your own, it is always recommended that you have a divorce lawyer Boynton Beach as your legal assistant. Having a lawyer fastens the court hearing procedures. Besides, the lawyer prevents you from committing mistakes which might lead to the loss of property, assets, or child custody to your partner.

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Divorce Mediation: Few facts one needs to know

Divorce mediation is one step that needs to be considered before considering filing a formal divorce application in a court of law. Mediation is one alternative that lets you find a solution for the amicable settlement of the division of assets, child support, child custody, and spousal support. A third party in the form of a mediator is involved who ensures an amicable settlement between both parties. There are a few things that need to be considered before actually going in for divorce mediation so that both parties have their expectations set in realistic terms.

Divorce mediation helps in giving a direction to the conversation

A couple undergoing divorce will not able to come to a common conclusion amicably since they have been at loggerheads for a long time which has been the reason for them to look for a divorce. In that case, they need someone who can show them logically and help them decide on a better solution instead of washing the dirty linen in public. A divorce mediator with no personal interest will help the couple see the logic and will help them in taking the conversation to a logical ending. A divorce mediator will help them to stop digressing from the topic, talk in terms of the future rather than focusing on what has happened in the past.

Divorce mediation is not going to help you reunite

Divorce mediation is by no means a method to reunite the warring couple. It is just a method to settle things amicably that would cost a lot of time and money fighting in the courtroom. Do not expect the divorce mediator to lecture you on the merits of staying together or the bad effects your divorce is going to have on your kids. A divorce mediator is a professional who will see to it that all the assets are divided in such a manner that both parties feel satisfied at the end of the process.

It helps you to save time and money

Yes, it is true instead of going to court and hiring a pricey divorce attorney, divorce mediation can help you save a lot in terms of time and money. The services of divorce mediation are chargeable however they are quite low if you consider the expenses incurred on court fees, legal consultation, and the numerous rounds you are going to make to the courtroom leaving your kids in the care of daycare and taking a leave from your workplace. The process of divorce mediation if undergoes smoothly might get over in a few hours to one or two days depending upon the understanding and maturity of the couple.

An alternative for litigation

Divorce mediation is an alternative for the lawsuit you are thinking of filing against your spouse. A lawsuit is going to drag your household into the courtroom. Your kids need to be standing testimony for many things. There are going to be harrowing moments when you need to balance your personal, professional, and the life you are leading while fighting a lawsuit against your spouse. Litigation in any form takes a toll on your emotional and financial aspects. You can always avoid litigation via divorce mediation.

The divorce mediator is a third party with no personal interest

Divorce mediation involves a divorce mediator who has no personal interest in the lives and assets of the couple. His only motive is to have an amicable settlement of the warring couple as soon as possible since this is going to be his professional win for himself. In case the couple goes in for litigation after mediation it is going to be seen in bad taste for the divorce mediator.

Mediation does not work in a few cases

Mediation does not work in all cases. In cases, where an abusive spouse has involved mediation, will not be possible. A situation where one of the partners has been a chronic cheater in the relationship will not be able to survive the mediator’s room. For such situations, litigation is the only way left. Where one of the partners is being adamant on a few issues and is not ready for compromise divorce mediation should not be considered.

Gary Payton has been writing about the various aspects of law, provides legal advice, legal services in the preview of family law. Attorneys-arizona.com is a premier boutique litigation firm in Arizona, USA and Gary have been associated with them for a long time. Attorneys-arizona provides professional and trusted legal services. To know more about Divorce Lawyers feel free to visit – https://www.attorneys-arizona.com/