Garner Child Custody Lawyer

Child Custody Basics in Garner

Most residents of Garner, NC either live in Wake or Johnston County, but no matter where you reside, questions surrounding who gets custody will come up when couples get divorced. Divorce is already a complex and emotionally charged time, so when disputes about the kids come up, parents often get angry fast.

Whether you are getting a divorce or simply want a formal custody arrangement with your child’s other parent, you need to know which form of custody you want. And you need to support your reasoning for wanting it. A Garner family law attorney can help you through the process.

In North Carolina, parents can have legal custody or physical custody. They can also share either kind. In some cases, though, one parent may be the only one who wants or can reasonably have custody. North Carolina also recognizes custody of non-parents in situations where parents are temporarily unable to care for a child properly.

Legal Custody

If you have a custody order, your entire child custody arrangement is “legal” in the sense that it must be upheld. But when you hear the term “legal custody,” you are talking about the right of a parent to make major life decisions for a child.

Legal custody gives you the right to make decisions about your child’s home, school, religion, healthcare, and much more.

Physical Custody

Physical custody is all about who gets to care for the child. If you have physical custody, you have a legal right to physically have your child in your presence and at your home for a specified amount of time each week.

Joint Custody

Joint custody means that you and the child’s other parent or guardian share custody. This can apply to legal and physical custody. So, you and the other parent might have joint physical and legal custody.

Or you could have joint physical custody with the other parent but legally retain the right to make all major decisions for your child. The combination in your case will depend on your situation and the court’s decision.

Sole Custody

Sole custody is the opposite of joint custody. But like joint custody, it can apply to legal and physical custody separately. That means you could have joint physical custody with the other parent but have sole legal custody, as well as any other reasonable combination.

Non-Parental Custody

People who are not a child’s parents can get custody of that child in certain circumstances. Typically, you do this by showing that the parents have not cared for the child.

Grandparents, stepparents, and close relatives who have cared for the child can often make a case for non-parental 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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When do You Need a Custody Order in Garner?

North Carolina does not require parents who are not together to have a custody order. But there are several reasons why you should consider a custody order if you and your child’s other parent are separated:

• If you and the other parent disagree on how to raise the child, the custody order will clearly define who makes which decisions
• Even if you and the other parent agree now, that could change. Having a custody order prevents significant problems in the future
• If you are a non-parent caring for a child, you may need to get a custody order to make decisions with the child’s medical providers and school

Understanding Child Support & Child Custody

Almost any discussion of child custody is going to include questions about child support. Child support is a monthly payment one parent makes to the other to help care for the child. This money is meant to benefit the child — not the parent. That means it should go toward childcare costs, medical expenses, school fees, and similar costs.

Family courts use strict methods to calculate child support that meets the needs of the involved children. Both parents’ incomes are taken into consideration. Additionally, the calculation is different for each type of child custody arrangement.

Your Garner child support lawyer can help you understand how your custody agreement will affect your child support order.

Visitation Rights in Garner, NC

In North Carolina, child visitation is set through a court order. It lays out when and for how long you can visit your child. In some cases, a visitation order may also call for certain conditions, such as supervision. In addition to parents, grandparents can also file for visitation rights in some cases.

In all but extreme cases, noncustodial parents get visitation rights. But even though visitation is often granted, the amount of time, holidays, weekends, and more are up for debate.