Parents want what’s best for their children — for them to have everything they need and to have bright futures — but sometimes parents may disagree about what that means.
Whether it’s due to a recent divorce or simply because they have different ideas about where and how a child is raised, legal custody brings up a lot of questions. Fortunately, many parents settle these issues themselves. With help from an experienced and objective North Carolina family lawyer, you can create structured and well-planned custody and child support agreements that work for everyone. However, sometimes it becomes necessary to have custody or child support disputes settled by the court. And in those situations, you’ll want a skilled advocate working for you and your child’s best interests.
Attorney Jonathan Breeden of the Breeden Law Office has been helping families resolve custody and visitation issues in Johnston, Wake, and Harnett County for more than 20 years. He has considerable experience and a reputation for achieving the best possible outcomes in a wide range of family law cases. Let us review your situation, explain your custody options, and put a plan in action that gives you and your children every opportunity for a bright future.
To learn more about how Jonathan Breeden can help with your child custody case, call (919) 661-4970 today.
Getting Custody of Child in North Carolina
People generally think of custody as where the children live. However, there are other aspects to custody. In North Carolina, custody may include:
The general rule until the parents or court decide differently is that both parents have equal rights to physical and legal custody of their children. However, after mutual agreement or a judge’s ruling, the parents may not share the same degree of physical and legal custody. For instance, one parent may retain primary physical custody, but both may agree to share legal custody and make decisions together.
Physical custody can take several different forms in North Carolina. Custody may be primary or secondary, temporary or permanent.
Legal custody may go to the primary parent or remain split between the two. In North Carolina, it is presumed that the parties will have joint legal custody and the court must make specific findings as to why joint legal custody would not be in the child’s best interest in order to award one parent sole legal custody.
The time when a non-custodial parent is allowed to see his or her children is known as visitation or secondary physical custody in North Carolina. Visitation or secondary physical custody can encompass anywhere from one night a year with minor children up to one day shy of joint custody, depending on your family’s circumstances and what a judge decides is in the best interest of the child. The judge will use the same principles behind determining custody when deciding on visitation rights and restrictions.
It’s rare for a parent to lose the right to see his or her children, but rules can govern the arrangement, such as when and where the non-custodial parent can see the children, how often, and if there must be another adult present.
Supervised visitation is when the judge deems it necessary for the non-custodial parent’s time with the children to be monitored. This can happen when a parent has a history of alcohol or drug use, abusive behavior, or any previous actions that may create a dangerous environment for the children. It might be a family friend, relative or a social worker who is present when the non-custodial parent has the children. This arrangement could be permanent or for a certain period of time until the parent is deemed reliable and safe.
When two parents are not married, they have the same custody and visitation rights to their children. Although the mother was once favored in child custody situations, that is no longer the case. North Carolina courts give both parents equal consideration when evaluating who should have custody and how to split visitation.
Courts consider things like which parent is the primary caregiver, how old the children are, which parent the child prefers to live with, and the ability of each parent to care for the children. The court will be most interested in doing what is best for the child. If you want to seek residential or full custody of your children, or if you need to establish visitation, it’s important to work with an attorney who is familiar with the local courts and what they consider relevant.
Attorney Breeden knows how to show the judges in Wake, Harnett, and Johnston County that you are a good parent who deserves custody and visitation. We can work to find a solution that works well for the entire family.
If the issue of custody and visitation is before the court, the judge has the discretion to determine who will “best promote the interest and welfare of the child.” Custody decisions are taken very seriously and judges will look at a great number of factors to determine the best situation for the children moving forward. There is no presumption in North Carolina that a mother or father is better suited to care for the children.
Some of the factors that affect the best interest of the children are:
What Can I Expect from a Child Custody Hearing?
Under North Carolina custody laws, judges may send parents through mediation before taking it upon themselves to determine custody and visitation. Mediation is another way to solve a dispute. The parties will sit down with an objective third party, known as the mediator, to discuss the issues and try to come to an amicable resolution.
The purpose of the mediation is to:
An agreement formed during mediation will be submitted to the court in writing, and the judge or the parties’ attorneys will work it into the final custody order for the judge’s signature.
Either parent can move to have the mediation requirement waived. In some cases, the judge will do so. Reasons to waive the mediation requirement may include:
Whether you want to try to waive the mediation requirement or you want someone to support you through the process, having an experienced North Carolina custody attorney by your side is important. North Carolina child custody law can be specific, and you need to know your rights to be able to fight for what’s best for your child.
When a judge is presented with a custody case, his or her duty is to look at only what’s best for the child.
The judge will gather information regarding the parents and any minor children. This includes reviewing the initial complaint and answers from the parents that provide basic information about the children, where they’ve been living, and if there are any allegations of physical abuse, neglect, or substance abuse. The judge will likely hear testimony from the parents and other relevant parties. If someone lives out of North Carolina, the court can order that person’s testimony be taken out of state, possibly over the phone, via Skype, or through other electronic means.
During this time, the judge may put a temporary order in place to ensure a consistent situation for the children while a final custody order is determined.
The judge may or may not speak with the children. Whether or not children’s opinions regarding where they will live matter to the court depends on their age and ability to understand the consequences of this decision. If the judge does find it reasonable to speak with the children, he or she may do so in chambers instead of in a courtroom, which could be traumatic for the children.
Once the judge feels he or she has gathered the necessary information regarding the family, he or she will try to create a custody situation that best promotes the welfare of the children. In general, parents each have a right to physical and legal custody of their children. However, the judge will ultimately decide whether those rights should be shared equally.
Some factors that a judge will consider when determining custody include, among others:
The judge has a wide range of discretion on this matter and may grant sole custody to one parent, with or without visitation rights to the other, or joint custody. The most common situation in North Carolina is that one parent has primary physical custody and the other parent has secondary custody or visitation rights. The amount of time the children split between the parents can vary greatly depending on the family’s circumstances, but the judge will try to make sure both parents have significant access to the children.
The final custody and visitation order made by a judge is permanent unless another order is made at some point. However, parents can alter custody and visitation agreements outside of court as necessary.
To make permanent changes to a custody order, either parent can also file a petition for modification. But he or she will need to show a substantial change in circumstances has occurred and that it’s in the best interest of the children to alter the current order. This can be a challenging standard to meet.
How Long Can a Child Custody Case Take?
When you call Breeden Law Office, Jonathan can answer your questions about numerous issues involved in child custody, visitation, and child support. Among the common types of issues Jonathan handles are:
How Can I File for Child Custody?
Custody laws can be complex. A family law attorney has professional training and experience that affords them the ability to do everything within their power for your case. Having a lawyer represent you during your child custody matter can help in the following ways:
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Can Child Support Order Be Modified in North Carolina?
Attorney Jonathan Breeden has dedicated his career to helping individuals and families with family law issues. He was born, raised, and educated in North Carolina. His practice serves residents in Johnston, Harnett, and Wake counties. If you need help from a North Carolina custody attorney, you should turn to one that has considerable experience both in family law matters and your local court system.
To speak with a skilled and compassinate North Carolina family attorney, contact Breeden Law Office today at (919) 661-4970. Jonathan is ready to listen and discuss how he can help.
Call Breeden Law Office today:
(919) 296-3978