You and your co-parent might disagree on several things concerning your child, including their:
Child custody disagreements often end up in court. Here, judges apply the law with standardized results that can be unfavorable for everyone.
When you hire an experienced child custody lawyer in Angier, you can customize a child custody arrangement that works for your family.
Here are some basic legal concepts you need to know during a child custody matter. If you have any questions, don’t hesitate to call Breeden Law Office and set up a consultation.
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 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.
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 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 means one parent has the right to make all major life decisions for the child.
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 is a form of child custody. Usually, the parent who spends less time with their child has “visitation” instead of joint 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.
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.
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:
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
The Harnett County Courthouse is located at:
301 W. Cornelius Harnett Blvd.
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.
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.
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.
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.
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.
Attorney Jonathan Breeden dedicates his practice to serving the needs of local families. He will represent you at the negotiating table if you want to reach an agreement with your co-parent. Or he’ll aggressively fight to protect your interests in court.
Parents want to do what’s best for their children; however, that’s not easy when you and your child’s parent aren’t together.
Call Breeden Law Office today:(919) 296-3978