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Child Custody
When a divorcing couple has a child or children to consider, the issue of child custody – which parent the children will live with or how the children’s time will be divided between the parents – is typically the most important, as well as the most emotional and hard-fought, issue in the divorce. The Charlotte child custody attorney at Powers Law Firm PA are staunch advocates in child custody proceedings, helping to create a child custody plan that is not just right for you and your former spouse, but for the well-being of your children as well.
Contact us online or by telephone at 877-462-3841 to arrange an initial consultation with a skilled Charlotte Child Custody attorney.
Important Things to Know about Child Custody in North Carolina
There are actually two parts to child custody – physical custody and legal custody. Physical custody refers to the time the child spends with each parent, when that parent is physically responsible for the child’s care, also called visitation. Legal Custody refers to the decision-making power and responsibility regarding various aspects of the child’s life, such as the child’s education and participation in extracurricular activities, health and medical care, and religious upbringing.
There are three different ways that custody can be awarded:
- Sole Custody: Only one parent has custody of the child. The other parent does not even have visitation rights. This type of custody is rare.
- Joint Custody: The parents split custody equally (ex. One week with mom, one week with dad).
- Primary Custody: This is the most common type of custody. This includes custody where one parent has the child during the week and the other parent has custody during the weekend.
The Best Interests of the Child Determines Custody
Physical custody and legal custody can be considered together or separately. In other words, one parent could get physical custody and the other parent legal custody, or one parent could get both types of custody. In deciding who gets physical and legal custody of the child, or how that custody is shared, the primary guiding factor for the court is what the judge believes is in the child’s best interests. The judge may consider a whole host of factors in deciding what type of arrangement is in the child’s best interests, including the parents’ schedules and availability, the age and emotional development of the child, and the child’s own preference, among other factors.
The best approach is if the parents, together, can work out a custody plan and schedule that best meets their needs and the children’s needs. Whether through informal negotiations or mediation, our Charlotte Family Law attorneys work with parents to create long-lasting, workable agreements that satisfy the needs of the family and are most likely to be implemented voluntarily without needing to constantly go to court for enforcement of custody orders. Where the family dynamics make the possibility of mutual agreement unlikely, our lawyers apply years of litigation experience to forcefully advocate in court to try to ensure that your child’s needs are met, and that you continue to have a rich, meaningful relationship with your kids.
Fighting for custody of your children is not something you want to do without the help of an experienced child custody attorney in North Carolina. The stakes are too high to try to navigate the legal system alone! Call our family law and divorce lawyers to discuss your legal options regarding separation, divorce, child custody, child support, and visitation legal issues in Charlotte NC.
Contact Our Charlotte Child Custody Attorney TodayIf you are looking for aggressive representation for child custody, we are here to help. Contact the Charlotte child custody attorney at Powers Law Firm PA immediately, so we can start fighting for you! CALL NOW: 877-462-3841.
North Carolina Child Custody Laws – NC Family Law Resource Materials: North Carolina Family Law Updates - Child Custody
- High Income Child Support – Yigzaw v. Asres Child Support in North Carolina is set by statute. It is formulaic in nature, taking into consideration the relative financial positions of the…
- Custody Modification – Change in Conditions – Burns v. Skjonsby An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be…
- IN RE C.M.C. – Termination of Parental Rights Termination of Parental Rights pursuant to N.C.G.S. Chapter 7B requires careful consideration of the "best interests" of the minor child or children…
