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The Basics of Child Custody in Harnett County
Here are some basic legal concepts you need to know during a child custody matter. If you have any questions, don’t hesitate to contact our family lawyers in Harnett County and set up a consultation.
Legal Custody
Legal custody gives you the authority to make important life choices for your child. You decide their education, religion, health care, extracurricular activities, sports, travel, and entertainment, among other things. Your child doesn’t have to live with you full-time for you to have legal custody rights.
Physical Custody
Physical custody refers to where the child lives. Although both parents may share physical custody, how a child’s time is divided varies from case to case.
Joint vs. Sole Custody
Parents may share legal and physical custody, and courts tend to prefer an arrangement that allows them to both be a part of a child’s life. However, it’s essential to know that a judge doesn’t have to divide physical and legal custody the same way.
Sole Physical Custody
Sole physical custody means the child lives with one parent. Unless there is a history of violence or criminal activity, a judge will generally not order sole physical custody. North Carolina recognizes that children’s interests are typically best served when both parents spend quality time with them.
Sole Legal Custody
Sole legal custody means one parent has the right to make all major life decisions for the child.
Joint Legal Custody
With joint legal custody, each parent has the authority to make significant decisions. They also must consult one another in these decisions.
Contact an Angier child custody lawyer today if you have questions or concerns regarding what type of custody may be the right choice for you and your family.
Visitation
Visitation is a form of child custody. Usually, the parent who spends less time with their child has “visitation” instead of joint custody.
Determining Who Can Have Child Custody
Child custody can be a complex subject. Knowing who can have custody is an essential starting place. The Breeden Law Office can walk you through the process and answer your questions.
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Determining Child Custody
As parents, you’re encouraged to compromise on legal and physical custody and visitation. An Angier child custody attorney can advise you during negotiations, which can help you customize a plan that works best for the children.
A judge will likely approve the parent’s agreement if it’s in the child’s best interests.
Court Involvement
If you can’t agree with your co-parent, then the court must get involved. First, the judge will conduct a hearing similar to a trial. This hearing will review evidence and witness testimony. The judge then decides legal and physical custody based on what’s in your child’s best interests.
If you don’t understand all the legal concepts, laws, and court procedures involved, you could lose critical parental rights. Hiring a child custody attorney may be essential for you to maintain legal and physical custody of your children.
Non-Parental and Third-Party Custody
What it means to be a family has changed over the decades. Now, it’s common for relatives to take care of one another. In other cases, close friends and others step up. Breeden Law Office is here to help if your custody situation involves:
- Grandparents
- Siblings
- Other relatives
- Stepparents
- Others, as provided by law
The Child’s Best Interests Standard
All custody and other determinations involving minor children must be made with the child’s best interests in mind. All other considerations are secondary.
In North Carolina, a judge can consider:
- The child’s developmental needs
- Each parent’s relationship with the child
- The child’s wishes, depending on their age
- Any instances of domestic violence
- How well parents communicate
- Each parent’s physical and mental health
- The environment in each parent’s home
- Each parent’s willingness and ability to comply with a custody order
Courts realize the benefit of preserving the status quo and not significantly disrupting a child’s life. As a result, judges often assume custody should come as close as possible to the children’s lifestyle before the divorce or establishing paternity.
Arranging Child Custody Through Mediation
Mediation offers multiple benefits during a child custody dispute. A neutral mediator may bring the parties together on specific issues. They identify areas where you disagree and help you have a productive conversation about your concerns.
The mediation process can help you avoid time-consuming and costly hearings. It might also help you two learn how to get along better in the future.
If you want to use mediation to tackle a child custody disagreement, give Breeden Law Office a call. We’re happy to guide you through this process. We’ll make sure you understand your rights and options whether mediation is successful or not.
Related Child Custody Topics
We Handle All Child Custody Matters in Harnett County
Breeden Law Office has years of experience helping parents navigate child custody disputes. Whether co-parents negotiate an agreement or ask a judge to decide, we’ll help you in your unique case.
Child Custody Hearings
If you’re fighting for sole or joint custody, you’ll have to present evidence that supports your position. You must show the judge you offer your child a safe and healthy environment.
Also, you must show that you’re willing to cooperate with your co-parent to provide a stable arrangement. An Angier child custody lawyer can help you prove what’s in your child’s best interests.
Child Custody Modifications
You may need to change your child custody arrangement if either parent’s circumstances change. However, you and your co-parent shouldn’t change your schedule without court approval. You’re both required to abide by the court order.
So, even if you both agree to update the arrangement, you need to return to court. You also may need to fight for a modification if the other parent disagrees right away.
Child Relocation
You may need court approval if you want to move for work or other personal reasons. Regardless of whether your children live with you, you must address the move in court if it involves a significant distance. Moving might require changing to the custody arrangement.
Interstate Child Custody Matters
When parents live in different states, there are questions involving jurisdiction and other legal issues. Although all states require custody to be in the child’s best interests, how each state implements that standard might differ.
Children in Military Families
Service members have rights in child custody matters, but they also deal with unique issues in how the courts apply the law. Judges will consider military service when applying the best interest standard.
Angier Child Custody Resources & Information
Most of Angier is in Harnett County, and that’s the court system you’ll go through for child custody. However, consult a lawyer about jurisdiction and venue if you pursue a case in another county.
Harnett County Family Court
The Harnett County Courthouse is located at:
301 W. Cornelius Harnett Blvd.
Suite 100
Lillington, NC 27546
You can call the courthouse at 910-814-4600. However, none of the court employees can give you legal advice. If you have questions, you’re better off contacting a child custody law firm in Angier.
Court Forms
You can review Harnett County Local Rules and Forms. There are several documents related to child custody, mediation, and child support. We highly recommend having an attorney who understands which forms are relevant to your case.
Guardian ad Litem Program
Child custody cases can become contentious. If you’re worried about the outcome, especially if abuse or neglect are involved, you can ask the court for a guardian ad litem. This person is your child’s advocate in court.
Guardian ad litem observes the situation and interviews the children, parents, and other adults involved. Then, they report back to the court about their findings and make a recommendation regarding custody.
Benefits of Working with an Angier Child Custody Attorney
The whole point of child custody law is to provide children with the best possible arrangement involving one or both of their parents. Getting to a fair resolution takes legal skills, local court knowledge, and negotiation experience.
As an experienced family lawyer in North Carolina, Jonathan Breeden knows how the local judges apply custody laws in Harnett County. More importantly, he knows how to fight for what’s best for your children. He’s facilitated a lot of happy endings and wants to do the same for your family.
CALL BREEDEN LAW OFFICE TODAY:
(919) 809-6599Hear from Our Clients
Breeden Law offered exceptional service. I felt extremely comfortable talking with Jonathan and the office staff was pleasant and organized.
Mr. Breeden was very professional. He gave me honest input regarding possible outcomes of my case. He was very responsive when I had a question and when responding to emails. He knows custody law very well and got me exactly what I wanted with regards to my case. I would definitely use him again if needed.
A custody battle is never easy; even harder when you are a grandparent seeking custody. Jonathan Breeden handled our case with great diligence, but oh so delicately. I received full, permanent custody, with no harsh feelings from any parties concerned. Together with Jonathan, there was even suitable visitation arrangements made.