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An Overview of NC Child Custody from our Family Law Attorneys
P erhaps the most contested area of family law and divorce involves child custody. This is an area where you almost certainly need to retain the services of a skilled Child Custody Attorney. When a marriage or relationship breaks down, it can be an emotional time for both the parents and the children. However, parents must still make decisions regarding their children, whether in a happy relationship or not. If the parents cannot resolve the questions of custody or financial support of their children, a judge will make these decisions for them. So, it is important to exercise special care when resolving custody issues. Dummit Fradin Family Law Attorneys are empathetic to this reality.
We take a holistic approach to the family unit and work to figure out the best results for the future. Working out the details without a messy court battle is always preferable. However, though unfortunate, there are times you are forced to stand up for your children’s best interests. Our Child Custody Lawyers are prepared to strongly advocate for you and strive for a positive resolution.
Now with a dedicated Family Law Office on Healy Drive, just minutes from I-40.
Relocating Could Affect Your Custody
A Brief Overview of the NC Child Custody Process
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Factors that Affect Child Custody
The judges in Winston-Salem are bound by North Carolina law to do what is in the child’s best interests, not what one parent wants over another. It is often better if you can work with the opposing side and come up with a schedule that is tolerable (equally disliked) by both parents.
If we are forced to make a judge resolve all of the issues, the court will look at many factors, including employment, how much time was spent caring for the child, how nurturing each parent is, and the home environment. When you meet with our Child Custody Lawyers, they can help you determine the specific factors that apply to your case.
Positive Child Custody factors judges consider:
Obviously excessive alcohol or drug use will be a negative factor, but there are other factors that may be less obvious, such as time spent traveling for work, and past abuse of others. It is impossible to know what facts a specific judge may weigh more heavily on a given day.
A More Comprehensive List of Factors
Judges do not show favoritism toward either parent; they consider various factors, both positive and negative, to determine what is in the best interest of the child or children.
- History of physical assaults
- Exposing the child to sexually explicit printed or pictorial materials
- Illegal drug use by either party
- Exposure of the child to sexually explicit TV programs or movies
- Negative comments by one parent about the other parent in the presence of the child
- Parents’ cooperation in allowing physical access to the child for visitation
- The seriousness of a parent resisting the involvement of the other parent in the parenting of the children
- Parents’ cooperation in allowing telephone access to the child
- Parent involving a child in the custody process (i.e., reviewing the custody complaint or discussing other parts of the legal process with the child)
- Having expert testimony on the psychiatric disorders of the parents
- Outbursts
- Criminal record of either parent
- History of a parent’s involvement in school/education
- Significance of a parent voluntarily providing support or failing to voluntarily provide support
- Methods of discipline used
- Significance of either parent having an overnight companion while having responsibility for a child
- Having a forensic custody evaluation available
- Testimony from other adults who are active in caring for the child, such as grandparents, step-parents, girlfriend or boyfriend
- Employment record of either parent
Until there is a custody order in place, both parents have equal rights regarding their child. It is important to be proactive with regard to child custody, especially if the parent’s relationship is contentious, so as to prevent as much disruption to the minor child’s life as possible.
When a judge is forced to make a custody determination, it is already clear that the parents are incapable of working together to resolve the matters concerning their child. During a child custody trial, the judge considers certain facts and issues to determine what is in the children’s welfare and best interests. You want a child custody attorney on your side.
Types of Child Custody in North Carolina
There are legal categories of child custody that range from full Sole Legal custody with no visitation by the other side (rare), to joint equal legal custody where both parents are forced to make decisions equally. There are also shades or degrees of physical custody that Forsyth County Judges will sometimes specify as visitation. This can be open-ended visitation, especially if the parents can get along, or it can be very structured and scheduled visitation. Contact our Family Law Attorneys on Healy Drive today to discuss your options.
There are two broad distinctions:
Contested Custody & Mediation
The local rules of court in Winston-Salem require every Child Custody case to go through court-ordered mediation. This gives the parents an opportunity to meet on neutral ground with a neutral court mediator and discuss the possibility of resolving the custody issues without a prolonged court battle. Generally speaking, the parents should prioritize the child’s welfare and interests and attempt to reach an agreement rather than going to litigation over custody.
When parents cannot reach a mediation agreement, the legal system authorizes a district court judge to decide who should have custody, how much visitation the non-custodial parent will have, and how much child support the non-custodial parent will be obligated to pay. North Carolina law directs the courts to protect children until they reach the age of majority (usually age 18). A skilled Attorney you trust is important in these cases.
When you work with our Child Custody Lawyers in Winston-Salem, they’ll help you prepare for mediation and discuss strategies to resolve disagreements. We go through checklists of issues to consider and prepare for before the mediation. It is always good to have a plan: start at one point, and know when to compromise and when not to.
Forms of Visitation in NC
Visitation can be in two forms, “reasonable visitation” or “structured visitation.”
Reasonable Visitation
If a non-custodial parent is granted reasonable visitation, visitation will not be detailed but rather subject to the agreement between the parents. It provides more flexibility but also requires a working, amicable relationship between the parents.
Structured Visitation
Structured visitation involves a schedule for child visitation. Visitation may be structured in a variety of ways including, but not limited to, every other weekend, alternating holidays, or several weeks during the summer. Joint custody can be very beneficial for the minor child, especially when parents can work together for the best interests of the child. Your child custody lawyer will help you articulate what is in the best interest of your child.
How to Modify a Custody Order
After a child custody order is in place, the only way to change it is through a Motion to Modify Custody. The motion must provide evidence to the court that there’s been a substantial change in circumstances that warrants a change to your custody order.
If you came to a custody agreement with the opposing party through mediation, you may need to return to mediation if you’re looking to modify your custody order. However, that is not always the case. There a few instances where mediation can be waived. This may happen if you recently went to mediation, a domestic violence protective order is in place, or if the opposing party lives across the country.
We recommend consulting with an experienced child custody attorney to really understand the options available to you.
Military Child Custody
Our Attorneys and Staff at Dummit Fradin are proud to work for our military clients. We fight for your rights while you are fighting for ours. The North Carolina Statutes § 50-13.2 dealing with Child Custody gives special consideration for a parent who is deployed.
Dummit Fradin: We Make a Difference
Schedule a consultation with a Winston-Salem Child Custody Attorney today. Our attorneys will listen to what you have to say and advise you on the best course of action. Experienced attorneys deal with these matters every day. Don’t leave the most important thing in your life to chance. Retain the services of a caring and skilled child custody attorney.