It will affect where your children live and go to school and the time you spend with them until they become young adults. It is critical for you to choose a lawyer who understands these matters and does not leave it up to chance. It is extremely important to have a caring, knowledgeable advocate to guide you through these important legal issues.
At Greenwood Law, we handle a wide array of legal issues involving children, including child custody and support. With great care and concern, we personally handle matters involving your children. We understand the emotional considerations and the importance of making sound decisions now to prevent hardship for your children later. Our attorneys will take the time to listen to your situation, explain your legal options and develop a legal strategy while keeping your child’s best interests at heart. Our law firm is committed to protecting your parental rights and maintaining the best interests of children.
The North Carolina Judicial Branch explicitly states that the law does not favor one parent over another. Either parent can seek custody of their children. The North Carolina General Statutes say that the courts must make custody decisions based on the best interest and welfare of the child.
Having said that, the courts prefer when divorcing parents can resolve child custody issues on their own, as this generally makes the process easier for everyone involved. If divorcing parents cannot agree on a custody arrangement, the courts will decide the matter. Judges consider a range of factors when making custody decisions, including:
Legal custody v. Physical custody
Child custody issues are separated into two types:
Parents will often share legal custody, and physical custody, to some degree, even if it is unequal. Parents are strongly encouraged to work toward agreement on custody issues in lieu of a judge’s involvement. Most of the time, a child is best served by maintaining a meaningful relationship with both parents. We will take the time to walk you through the law. We want you to understand all of your options as well as what is possible and what is realistic for your personal situation involving custody and visitation.
Though a court’s custody decision is part of a permanent, or final, order, modifications to custody can be made only upon a showing of a substantial change in circumstances affecting the welfare of the child since the entry of a previous custody order. Such a change in circumstances can include one parent’s violation of the order or the failure of a child to physically or emotionally thrive in a certain environment or circumstances.
Either you or your child’s other parent may petition to modify child custody. If you petition to modify child custody, however, then you must provide evidence of the above circumstances. It is important that you bring your motion in regards to child custody modification with great care. If you do not, you can hurt your chances to modify child custody. We can help you best understand your options and introduce your motion for custody modification to the court.
The duration of custody cases in North Carolina can vary widely, primarily because each family’s situation is unique. Several factors play into how long it might take to reach a resolution. First, the complexity of the case is a significant determinant. Cases involving multiple children, cross-jurisdictional issues, or extensive assets can take longer to resolve. Second, the level of agreement between parents will affect how quickly they can resolve their case. When parents agree on key issues, cases can move more swiftly; contentious disputes, however, often require more time for mediation or court hearings.
Third, the court’s schedule also impacts the timeline. Busy court calendars can lead to delays in hearing dates and final decisions. Fourth, the need for expert witnesses or evaluations – such as child psychologists or financial analysts – can extend the process, as these assessments take time to complete and analyze. Lastly, any changes in the parents’ circumstances or new developments during the proceedings can lead to additional hearings or adjustments in the custody arrangement, further prolonging the case.
Custody schedules in North Carolina are as diverse as the families they serve. Each family must craft their own schedule to accommodate their unique needs and circumstances. Several factors influence these schedules, including the distance between the parents’ homes, the child’s school and activity schedules, and the parents’ work commitments. The child’s age and specific needs also play a critical role, as younger children may require more frequent transitions between homes, while older children might benefit from longer, more stable periods with each parent. Additionally, the level of cooperation and communication between the parents can significantly affect the feasibility of a particular schedule.
Given these variables, custody schedules can range from alternating weeks with each parent to more nuanced arrangements. For example, a 2-2-3 schedule allows the child to spend two days with one parent, two days with the other, and then alternate three-day stretches. Another common schedule is a 3-4-4-3 pattern, where the child spends three days with one parent, then four days with the other, followed by a switch. For parents with unconventional work hours, a customized schedule that aligns with their specific work patterns may be necessary. Ultimately, the goal is to devise a schedule that upholds the child’s best interests, providing them with stability, consistency, and quality time with both parents.
In North Carolina, courts typically favor arrangements where both parents share legal custody. This principle reflects a belief in the value of a child maintaining strong relationships with both parents. However, there are circumstances where a parent might pursue sole custody. To obtain sole custody, a parent must demonstrate that the other parent is unfit for caregiving. This is a tough hurdle to clear, as the courts set a high standard for such claims, especially when a parent also seeks to restrict the other parent’s visitation or physical custody rights.
Factors that might lead a court to grant sole custody include evidence of persistent substance abuse, a history of domestic violence, chronic neglect, or any behavior that directly threatens the child’s safety and well-being. Additionally, the courts might consider a parent’s complete lack of involvement in the child’s life or severe mental health issues that impede their ability to care for the child. The overriding principle is always the child’s best interests.
Joint custody is the sharing of custody between the parents, even if it’s on an unequal basis, while sole custody is where one parent alone has custody of the child. In general, North Carolina Courts will default to some form of joint custody, though one parent may have the children primarily. How much time, when that time is exercised, and whether or not one parent will receive sole custody can either be agreed to by the parties or determined by a court.
North Carolina typically determines custody in this scenario based on what is in the best interests of the child. Factors considered include child’s age, child’s relationship with each parent and history of domestic violence, amongst other factors.
At Greenwood Law, you will not be treated like a case number. We treat every client with the respect he or she deserves. We give every client our absolute best, and we will give you our best if we handle your case.
Going through a child custody dispute is a stressful, frightening experience, but a skilled lawyer can take much of the anxiety out of the equation. We give our clients straight talk and strong advocacy. If you hire our law firm, you will know where you stand and that you have a lawyer willing to go the extra mile for you!
If you are facing custody issues in North Carolina, we are here to protect your rights and the rights of your children. Contact Greenwood Law today online or by telephone at 336-661-8788 to arrange a consultation with a knowledgeable Winston-Salem and North Carolina child custody/family law attorney. A consult fee is charged for family law.
