Lawyers To Help You Through Child Custody Issues
If you are considering filing for divorce or solidifying parental rights in North Carolina, it is important to remember that resolving disputes over child custody, child support and parenting visitation schedules should begin during your separation period. It is always best to come to a mutual agreement with your spouse, as the decisions you make about these issues will have a lasting impact on your children's future. If it is left up to the court, a number of factors will be taken into consideration.
How Is Custody Determined?
In North Carolina, child custody is often settled by a voluntary private agreement between the parents, in the form of a parenting agreement or some other private contract. Parents may also enter into a consent order regarding child custody and child support, which may be accepted by the court as the final custody order. If the parents cannot agree, the judge will consider a variety of factors in determining who will serve as the custodial parent, always based on what is in the best interest of the child. The court must follow the North Carolina Child Support Guidelines unless there are factors requiring deviation from the guidelines.
There are three different types of child custody — legal, physical or a combination of both:
- Legal custody: Giving parents the right to participate in making major decisions on behalf of the minor child — health care, education, religion, welfare and overall development. In most cases, unless one parent is deemed unfit, the parties will share "joint legal custody," giving each parent an equal right to make and collaborate on these types of decisions.
- Physical custody: This is related to where the children will reside. Parents may have joint physical custody, sharing equally in the physical care of the children according to a consistent rotating schedule. Or, one parent may exercise sole or primary physical custody, with the other parent exercising secondary or no physical custody.
The Right Divorce Lawyer For Child Custody And Children's Issues
Schedule a consultation with Coggin Law, PLLC, at our offices in Charlotte to discuss your concerns about child custody, and protecting your child's rights and best interests through the separation and divorce process.