Child Custody FAQ
Hear from our Family Law Attorneys directly as they answer frequently asked questions about child custody.
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A respected Family Law Attorney explains that while many clients ask for sole physical custody of their children, that doesn’t happen often. Typically, another arrangement consisting of primary or joint physical custody is reached. Physical custody is simply whose care the children are under at the time. If you have primary physical custody of your children then you have your children most of the time and the other parent has them on a set schedule, generally every other weekend. Whereas if you have joint physical custody you are sharing time on an equal basis sometimes switching off every week or even every few days.
Legal custody is the decision-making power for the children. Like physical custody, if you have primary legal custody, then you are making most of the decisions for your children. While if you share joint legal custody then you and the other parent make decisions for the children together. In either event, custody schedules should be set with the best interest of the children in mind.
So, if you’re trying to work out custody of your children with your ex, let the experienced advocates at Dummit Fradin help your family today.
There isn’t much difference between a parental agreement and a custody order. The difference is in how they come about.
Parental Agreement
A parenting agreement is a consent order that is developed during mediation between parents with a third party present as a mediator.
- No attorneys are present
- No Judge is present
- You have full control to put in your input to work out an agreement
- Once an agreement is reached all parties sign it then a judge signs it and it becomes a court order
Court Order
In a court order you go to trial, present your case before a judge and then the judge makes a determination.
- A Judge will determine custody schedule
- Legal Custody
- All of the provisions that surround your child’s life
The difference here is you really don’t get as much say in the outcome.
If you need help deciding on a parental agreement or child custody, contact one of our experienced Family Law Attorneys at Dummit Fradin.
How much say does an ex get to have on your custodial time with your child? The short and simple answer is your ex doesn’t get to control the time you spend with your child. If you have a child custody order in place it likely says that each parent has the right to make the day-to-day decisions. For example what the child has for dinner.
However, a common issue is who the child can be around. Usually, that is a problem when exes start dating new people. But, unless your custody order specifically says your child can’t be around them you are free to introduce them.
What is Common in a Custody Order?
When it comes to the custodial time you are usually required to inform your ex of when you will be on vacation, who will be going with you, and travel information. But, it doesn’t allow the other parent to say yes or no to the vacation.
If you feel you need help protecting your custodial time with your child contact one of our Family Law Attorneys to help you.
Appointing a guardian ad litem might be a good idea in some cases but what is it? A respected family law attorney explains.
What does guardian ad litem mean?
A guardian ad litem is a third party, usually a lawyer, that will protect the interest of the child as well as advocate on their behalf. They will talk to the child, their teachers, doctors, and anyone else around them.
How do I get a guardian ad litem?
You will need to file a motion to have someone appointed. Once that motion has been filed, the court decides whether a guardian ad litem is a good idea.
A guardian ad litem may not work in all cases, but it can be a useful tool. If you think that a Guardian Ad Litem might be a good idea in your case contact one of our Family Law Attorneys at Dummit Fradin and we’ll discuss your options and help guide you through the process.
What is Emergency Custody?
Emergency custody is when one party approaches a judge and claims that a minor child is at significant risk. The courts will consider three factors to determine the validity of the claims.
- Is there a risk of substantial injury?
- Is there a risk of sexual abuse or emotional harm?
- Is one parent threatening to leave the state with the child?
Next Step
If one of those 3 situations is present a motion will need to be filed for emergency child custody. It’s important to obtain an attorney to help you navigate this situation.
If Emergency Custody is Granted
If emergency custody is granted, the party that filed the emergency custody order will be granted sole primary and legal custody on a temporary basis. The child would be in that parents’ complete care until the return hearing.
Return Hearing
The return hearing works similarly to domestic violence protective orders, where you’re coming back for that ten-day return hearing. What that means is in 10 days you will have time to present your case and it will also allow the other party a chance to present their side.
If you find yourself in a situation where you think you need an emergency custody order, contact one of our Family Law Attorneys today to help walk you through the process.
A trusted Family Law Attorney explains that once a custody complaint is filed, North Carolina law then requires both parents to go through child custody mediation.
What is Mediation?
Mediation allows both parents to settle any child custody issues themselves rather than going through a court trial. A third party is brought in to help work out a custody schedule in private and not have to “air dirty laundry” in front of a judge.
If you need help with a child custody schedule and want to try mediation, contact one of our Family Law attorneys today!
An esteemed Family Law Attorney explains you may have heard of something called “the tender years doctrine”, which means mothers were favored over fathers in custody cases. Most clients that come in are still worried about that prejudice. There are still some judges with that mindset, but most are more progressive. If you are a father worried about your custody rights it’s best to have a qualified attorney on your side to help you navigate the legal system.
If you have a child that no longer wishes to spend time with your ex you are stuck and bound by the terms of that order. If you do want to change the custodial order, you’re going to have to file a motion to modify it with the court. The court will likely want to talk to your child and get their input. But, in the state of North Carolina, they cannot base their decision solely on what the child wishes. You will also want to be careful about what you say about your ex in front of the child. Your child may repeat this to the judge. If you have a child who no longer wishes to spend time with your ex it’s best to get an attorney on your side to help you follow the proper procedures.
If you are at a crossroads where you can’t you and your ex can’t come to an agreement you will have to file a motion to modify your custody order. A judge will then determine which parent will be able to have final decision-making power. When you file the motion to modify, you will have to show the court there has been a change of circumstances. The judge will hear from both parties, weigh all the issues, and make a judgment on which parent is best to make decisions.
If you are having issues making legal decisions for your children, please don’t hesitate to reach out to one of our attorneys at Dummit Fradin Fradin in Winston-Salem.
This video explains how North Carolina courts will determine a child custody schedule. The first step is to go through mediation where both parties try to work out an arrangement that is agreeable to all. If mediation is unsuccessful, then there will be a hearing in front of a judge. An attorney will then need to prepare and present your case.
No matter which route you go, at the end of the process, you will have a custody schedule that will give both you and your child some stability.
If you need a custody schedule, contact one of our Family Law Practitioners today!
A Family Law Attorney explains the top three most common mistakes she sees parents make during custody disputes that can result in severe consequences.
The courts want to see that the parents can put their differences aside and parent the child together, so refusing to co-parent is a big mistake. Likewise, refusing visitation is also a mistake unless there is an honest belief the child is in danger, in which case, an emergency custody order needs to be sought. Finally, social media and text messages are often used against parents in court. Parents should remember to keep in mind the importance of maintaining a respectful attitude online or it could hurt their case.
If you are seeking a custody order, give one of our Family Law Attorneys a call today!
No, without a court order dictating when each parent has custody of the kids, there is nothing that would require you to give the children back to your spouse whenever they demand that you do so. However, during custody disputes, the courts want the parents to set aside their differences and work together for the betterment of the children. Therefore, it would be a good idea to try and come to some sort of arrangement with your ex about when to drop off the kids that is agreeable to both of you.
In this video, a trusted Family Law Attorney explains what a substantial change in circumstance means and whether or not you may be eligible to alter your custody schedule.
Many things might be considered a substantial change in circumstance. The courts will look at anything that affects the well-being of the child. Things like criminal justice proceedings, substance abuse issues, and even a new romantic partner on the part of the child’s caretaker may constitute a substantial change in circumstance.
If you think you might have a substantial change in circumstance and are thinking about modifying your custody order, contact one of our Family Law Practitioners today and find out!
An esteemed Family Law Attorney explains several things you need to know before planning a move outside the Greensboro, North Carolina area and there is a concern about child custody.
The courts will always do what is in the child’s best interest. Therefore, they will want to know what the child’s life will look like in the new home, what school the child will attend, what the new neighborhood will be like, and what access to the other parent the child will have. Ultimately, the decision of whether the parent can relocate and still maintain custody is up to the judge but will come down to what is in the child’s best interest.
If you need to relocate and are concerned about custody, contact one of our experienced Family Law Attorneys today!
If your ex has left North Carolina with your child, immediately file an ex parte emergency custody motion and begin custody litigation. This is an emergency, time is of the essence. Don’t wait months to file!
If your ex has left the state with your child, contact one of our experienced Family Law Attorneys for help!
No, a court can consider a child’s opinion but must not base their entire decision on the child’s wishes.
In North Carolina, even if you aren’t on the birth certificate, as the biological father, you have just as much right to your child as the mother does. If your paternity is questioned, you can easily submit for a paternity test and resolve that issue at any time. However, if paternity is never in question, just go right into your custody case. Once paternity is established, you can petition to be added to the birth certificate which will allow you to help your child with numerous things like enrolling them in school or getting a passport.
If you are a father seeking custody or want to be added to your child’s birth certificate, give one of our Family Law Attorneys a call today!
There are limited circumstances in which grandparents have custody rights in North Carolina. To exercise those rights, unfortunately, grandparents must utilize the courts to sue the parents for either custody or visitation of their grandchildren. This is a two-part process.
Standing
They will need to first show they have “standing.” The first part is typically easy to prove: the grandparents have a substantial and ongoing relationship with their grandchildren. If you are requesting custody, you will have to show another piece which is more difficult, that the parents have acted inconsistently with their constitutionally protected right to be a parent or that they are unfit. If it is determined at your hearing that you have standing to ask for custody or visitation, a hearing to determine what is in the children’s best interests will be scheduled. If you do not have standing, then you may not ask for custody and the process stops.
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