 Few
issues in divorce have as much emotional impact as the
subject of child custody.
Child custody refers to a collection of responsibilities and
rights that parents have regarding their children’s general
welfare, authority, religion, education and health care.
Spouses may settle custody and visitation issues out of
court through a private agreement, which is the most often
used and preferred method.
Custody may also be settled out of court by a parenting
agreement or consent order that is later approved by a
judge.
The challenge in private custody agreements is to develop a
practical arrangement that enables each parent to maintain a
consistent relationship with agreed to measures for raising
their child.
If you are facing a child custody process, it is important
to carefully consider both existing and future needs to
ensure that you remain satisfied with your legal
relationship with your children. Until child custody is
agreed on a court makes a ruling, each parent has equal
rights to physical custody of the child.
In cases where custody is contested, the court must make a
determination to “promote the best interests and welfare of
the child”. The best interest of the child is the "polar
star" by which courts should guide decisions about custody.
The judge will consider your past and present conduct, and
whether the evidence supports your custody claim. You must
demonstrate that your behavior and abilities will enhance
your child’s overall welfare better than your spouse’s.
Other factors taken into consideration include:
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Physical, mental, emotional, moral and religious
factors,
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The child’s preference,
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Each parent’s caretaking ability,
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Each parent’s home environment,
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Each parent’s availability to the child,
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Each parent’s economic situation and potential,
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The child’s bonding with other siblings, and
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Other factors that illustrate what is best for the
child.
A custody action may also be brought to court by any parent,
relative, or other entity (subject to certain exceptions) to
claim custody of a minor child. In these cases, a child's
natural parent is generally entitled to the custody and care
of the child in an initial proceeding for custody. If it is
determined that a non-parent would provide better care for
the child than the biological parent and that the biological
parent has acted in certain bad ways, the judge may award
custody to the petitioning non-parent (such as a
grandparent). This is a complex area of law and you
should seek the advice of an attorney.
North Carolina statutes show no preference to either a
mother or father in custody matters. The court may award
equal custody (joint custody) to both parties, or give
primary custody to one parent (sole custody) and visitation
privileges to the other. Joint physical custody can be an
equal time sharing of time between parents and requires the
greatest amount of cooperation. There is also joint legal
custody which deals with how decisions are made for the
child.
In a divorce, the custody action may precede or follow the
divorce or take place while the action is pending.
Until you and your spouse settle on a custody agreement, or
until a court issues custody ruling, each parent is entitled
to co-equal rights to the physical possession of their
child. A written document formalizes custodial and
visitation rights and prevents unplanned changes in
custodial arrangements by either parent.
Custody decisions will affect your family life after divorce
for a long time, so it is in yours and your child’s best
interests to understand your legal rights and obligations.
An experienced Family Law attorney can assist in developing
and negotiating comprehensive custody settlement agreements,
providing references to mediation expertise, and formalizing
agreements reached as a result of mediation or litigation.
Contact us at
info@custodync.com
now. The rest of your life begins now!
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