Looking for a North Carolina Child Custody Lawyer?
Culbertson and Associates is a team of highly skilled North Carolina child custody lawyers who provide effective legal support and counsel in regards to child custody matters as we understand that child custody is often one of the most sensitive issues to resolve. We are a team of highly experienced & trusted North Carolina child custody attorneys who are based in Greensboro and serve clients across North Carolina State, including all metro counties namely Guilford County, Randolph, Henderson, Jones, Lee counties. There are multiple things that seem important in a divorce but all can agree the children should come first. It is in the adult’s ability to navigate these negotiations that children often feel the most harm. At Culbertson and Associates Family Law in Greensboro, North Carolina, family comes first. It is very difficult to come to an agreement to what is best for the children involved, but through the talented minds at Culbertson and Associates mediation and confrontation do not go hand in hand.
In North Carolina, child custody is rarely decided in a courtroom, but rather terms are often agreed upon in mediation between parents. If the case of custody reaches the courtroom there are many factors that will determine custody in North Carolina. The judge overseeing your custody trial will be given complete authority to decide which way he or she will rule in favor. The judge will use the evidence at hand concerning your past actions, conduct, and principles to make a determination as to how you will act in the future. These determinations are oftentimes final as the appeal process is hesitant in overturning judges ruling after examining all facts surrounding the child and their custody. There are four factors that contribute significantly to the court’s decision:
1. Promoting the best interest of the child in question
The deciding factor in many custody cases must be the ability of the parent to provide what is best for the child, and so this general rule allows the judge to inquire and determine, with his or her own discretion, which parent that will be. These factors are but not limited to:
- Child’s age
- Home environment
- Time available as a caretaker
- The child’s preference
- Any siblings that the child may be close to
2. The right of a parent to have custody over their children
The courts in North Carolina prefer to place a child with their parents and these rights are hard to revoke, however, if the parent is found to be lacking and does not represent the best interests of that child then the rights of said parent will be revoked. North Carolina has eradicated the preference for the courts to see the mother raise the child as it pertains to the “tender years” doctrine.
3. The preference or decision of a competent child of age
Competence is difficult to prove and it varies from state to state. In North Carolina age is not the determining factor but rather the ability for the child to comprehend the situation at hand and to make a critical decision using adequate mental ability. The court prefers the child do not testify in open court but rather express his or her preference and reasoning in an interview with the judge in his chambers.
4. The Judge’s final word
Custody determination is not held before a judge and jury but simply a judge. His or her discretion is the final word on the case at hand and determining factor in the child’s custody. This factor speaks volumes about the importance of acquiring the right representation and judge to hear your case, favorably. The most common outcome of custody battles that see the courtroom is primary custody to one parent and secondary custody to the other.
Understanding Legal & Physical Custody with North Carolina Child Custody Lawyer
If you ask a good North Carolina child custody lawyer then they will tell you that the custody law in NC is divided into two parts legal and physical custody of a child. Legal custody alludes to the obligation to make real-life decisions for a child, and physical custody means to where a child will essentially live. When deciding the type of custody plan that is in a child’s best interest, courts consider multiple factors before reaching a decision such as:
- Which parent has been the child’s essential guardian
- The nature of each parent’s home condition
- The parenting skills of each parent, their qualities and shortcomings, and their capacity to accommodate the child’s uncommon needs, assuming any
- The psychological and physical strength of the guardians, including whether either parent abuses alcohol or drugs
- Whether there has been violent behavior in the family
- The work routines and child care plans of each parent
- The child’s associations with siblings, sisters, and individuals from the remainder of the family
- In the event that the child is mature enough, which parent the child chooses to live with
- Each parent’s capacity to coordinate with the other parent and to energize an association with the other parent, when it is sheltered to do as such
An experienced North Carolina child custody lawyer from Culbertson and Associates can help parents going through divorce accomplish reasonable and beneficial child custody plans, through collaborative communication, which keeps the pressure and vulnerability of the trial away. Should the case become important to ensure our customers’ rights, be that as it may, we will go to court and passionately advocate for the benefit of our clients’ advantage.
North Carolina Child Custody Lawyer Talks on Sole & Joint Custody
Both legal and physical custody can be sole or joint. Let’s understand exactly what these are:
- Sole custody: Is where one parent has full custody of the child. This means they have legal and physical custody of the child. This usually also means that a parent is allowed to make all the legal decisions for the child.
- Joint custody: Allows both parents share in the custody of the child or children. This designation also can be broken down into the designations above, as in “Joint Legal Custody” or “Joint Physical Custody”.
If they sound like the parents share in the custody of the child (whether legal, physical, or both) that is exactly what that means.
North Carolina Child Custody Lawyer Helps with Custody & Visitation (Parenting Time)
If one parent has sole physical custody of a child, the other parent would ‘normally’ be allowed visitation rights giving them appropriate parenting time with the child. Under the North Carolina child custody law visitation may be supervised, unsupervised, or therapeutically supervised. As long as there is no reason for the court to determine that the non-custodial parent is somehow a threat or danger to the child. An NC child custody lawyer from our firm can also help clients modify a custody or visitation order if there is a significant change of circumstances that affects the child’s best interests. The two parents need to work out a reasonable visitation schedule for all concerned. If that can’t be done co-cooperatively, the courts will help set a fair visitation schedule. If one or the other parent should violate the terms of the visitation agreement, they can be taken back to court to explain why, and could face contempt of court order charges. This is why it’s critical to suspend your emotions when a custody situation arises and speak to competent counsel so your legal rights and those of your child are protected at the outset.
Highest Rated NC Child Custody Lawyer | Law Firm
If you are facing divorce and have children, you need a knowledgeable and supportive North Carolina child custody attorney to help you secure a favorable custody arrangement. Please contact Culbertson & Associates, located right in Greensboro, at 336-272-4299 for sophisticated, experienced family law counsel. Related Articles to Child Custody in North Carolina