Charlotte Child Custody Attorneys

When Does a Child Custody Issue Come Up?

Child custody cases arise in different situations, such as:

• As part of a divorce case where both parents share a biological child(ren)
• As part of a case where the legal paternity of the child needs to be established
• When one parent wants to modify an existing child custody order

Child custody cases have a lot at stake, as the outcome can impact your future relationship with your child(ren). North Carolina has specific laws dividing custody between parents who do not live together. Once the courts issue a child custody order, it is critical to comply with the arrangement. 

Parents can agree on a custody arrangement without legal assistance; however, the court will decide on one for them if they cannot.

Understanding the nuances of North Carolina's custody laws can help you navigate the process more effectively. Knowledge of local statutes is essential, as they determine the physical and legal custody arrangements that best serve your child's welfare. It's crucial to be proactive in understanding these laws and how they pertain to your unique circumstances to mitigate stress and potential conflict. 

Physical vs. Legal Custody in Charlotte

Physical Custody

This refers to the time each parent spends physically with their child and how the child will divide their time between their parents’ homes. It also refers to where the child will live, not counting the visitation days at the noncustodial parent's home. 

In custody proceedings, a judge will never rule based on gender alone. If paternity is rightfully established, the mother and father have equal opportunities for physical custody.

Legal Custody

The other aspect of custody sets out each parent's right to make crucial decisions for their child. These include decisions regarding healthcare, religion, education, and more.

Exploring Sole vs. Joint Custody Options

There are also different ways to divide custody, including joint custody or sole custody. In most situations, parents will share joint physical custody of their children. One parent might have primary custody while the other has secondary custody, although they both get to spend time with their child.

Should I Pursue Sole Custody?

It is rare for one parent to relinquish custody rights voluntarily. If you decide to pursue sole custody, your case will likely go to court, and the judge will likely rule on the custody issue.

The law generally presumes that maintaining healthy relationships with both parents is in the best interests of a child, which is why courts tend to award joint custody. However, a judge will consider many factors and specific situations in which seeking sole custody might be the right decision.

When joint custody puts the child at risk of harm:

• In some cases, one parent might have engaged in domestic violence or child abuse, and you might believe that time alone with that parent might result in emotional or physical harm to your child. This is a common situation in which sole custody is awarded. If you have a protective order against the other parent due to domestic abuse, the order might prohibit contact between the parent and the child for a certain period, making joint custody impossible.

When the other parent is an unfit caregiver:

• Some parents might not be trusted to properly care for a child due to mental illness, substance abuse issues, or other similar factors. If a parent has a history of neglecting a child or otherwise being unfit to provide proper care for the child, they might be denied custody rights. In extreme situations, the parent might have their rights terminated, especially if there is no sign that their circumstances and parenting abilities will change.

When the parents live far away:

• Having a child regularly travel long distances for shared custody can be detrimental to the child. If the other parent decides to move far away, the court might award you sole custody and decide on a visitation schedule for the other parent, such as for a few weeks in the summer.

How Custody Is Determined In North Carolina

North Carolina law requires that all custody determinations be based on what the court finds to be in the child's best interests. 

Many states have a presumption that shared custody is in the child's best interests, though this is not the case in North Carolina. Instead, the court will review each situation on a case-by-case basis to determine the appropriate custody arrangement type.

There are many factors that the court will examine to decide what is in the best interests of the child, such as:

• The child’s existing relationship with each parent.
• The child’s specific needs, including any special needs.
• The child’s attachment to the family home, community, other family members, and school.
• The child’s preferences - if they are old and mature enough to express them.
• Any disabilities of a parent that prevent them from caring for the child.
• If either parent has a history of abuse or substance abuse problems.
• Other reasons a parent might risk the child’s health or well-being.

The courts take a holistic approach, thoroughly evaluating each parent's ability to provide a supportive environment. Emotional stability, financial security, and a supportive community are key contributors to a decision. Understanding the judge's perspective can help you align your efforts with the aspects most likely to influence a favorable outcome.

The Role of Mediation in Child Custody Cases

Mediation plays a crucial role in the child custody process in North Carolina. Parents can discuss custody options and arrangements with a neutral third party, leading to less contentious, more amicable outcomes than court battles. Mediation allows parents to engage in open dialogue and prioritize the child's needs above their conflicts. This process is especially beneficial in Charlotte, where courts often encourage mediation as a first step before legal proceedings.

Both parents can express their concerns and desired arrangements in a mediation session. Facilitators work to guide discussions toward mutually agreeable terms. The ultimate aim is to reach a compromise that serves the child's best interests while maintaining fairness for both parents. Mediation can often result in creative solutions that may not surface in a courtroom setting. By opting for mediation, parents often find it easier to maintain a cooperative relationship post-divorce, which is crucial for seamless co-parenting. Therefore, mediation involvement is highly recommended; it can save time and money and reduce stress when navigating child custody in Charlotte.

Understanding Guardian ad Litem in Custody Cases

In North Carolina, courts may appoint a Guardian ad Litem (GAL) in cases where the child's best interests need further exploration. This person acts as an independent advocate for the child, investigating various aspects of the child's life and reporting their findings to the court. A GAL essentially serves as the court's eyes and ears, offering insights that can significantly impact custody decisions.

A GAL examines several factors, including each parent's living situation, relationship with the child, and educational and emotional needs. This is particularly valuable in contentious situations where each parent presents contrasting narratives. In Charlotte, relying on a GAL can help ensure custody decisions genuinely reflect the child's best interests, setting the stage for a stable, nurturing future. Understanding the role of a GAL can empower parents to present honest, comprehensive perspectives, aiding better-informed decisions.

Determining If a Parent is Unfit

Judges often evaluate a parent's fitness for child custody decisions. A parent's fitness means they have the intent and ability to put the child's best interests first. They prioritize their children's well-being over their own. 

If a judge suspects the child is endangered due to the actions of the parent, they may be deemed unfit and have certain rights stripped, such as visitation.

Several determinants that a judge looks for include:

• Has the parent shown a willingness to be part of the child's life and make critical decisions for them?
• Has the parent had a history of mental health issues that prohibit them from carrying out their role as guardian and provider?
• Has the parent shown a history of alcohol or substance abuse?
• Has the parent been charged with domestic violence or has a history of abuse towards the child or mother?

An in-depth examination often focuses on the parents' daily life patterns and how they plan to meet their child's needs. Supporting evidence, such as testimonies from professionals familiar with the family, can significantly build for the court. Being forthright about weaknesses and demonstrating efforts in counseling or rehabilitation can positively impact judgment.

What Is Emergency Custody?

Emergency custody may be necessary, and even crucial, in some family law cases. Under North Carolina law and N.C. Gen. Stat. § 50-13.5, a temporary custody order can only be entered if “the court finds that the child is exposed to a substantial risk of bodily injury or sexual abuse or that there is a substantial risk that the child may be abducted or removed from the State of North Carolina to evade the jurisdiction of North Carolina courts.” 

If the judge enters the custody order, a hearing is held to evaluate whether the conditions have been met. A temporary custody order will be in place until either party wants to pursue permanent custody. If you think you may have grounds for emergency custody, contact one of our Charlotte child custody lawyers today.

It's imperative to act swiftly when seeking emergency custody. A well-documented account of incidents that endanger the child enhances the chances of obtaining immediate protection. Legal guidance can be invaluable in preparing affidavits and navigating the urgency of these situations.

What Is Visitation?

Visitation, also known as parenting time, refers to the right of a noncustodial parent to spend time with their children. It outlines the schedule and arrangements for the noncustodial parent's access to the child, a noncustodial aspect of child custody agreements. The specifics of visitation can vary based on the custody arrangement and the child's best interests.

In North Carolina, as in many other jurisdictions, there are several common types of visitation arrangements:

• Scheduled Visitation is a structured plan with specific dates and times for the noncustodial parent to spend time with the child. The schedule can be detailed and outline weekends, holidays, and special occasions.
• Reasonable Visitation: The parents can work out visitation arrangements with reasonable visitation. This arrangement is more open-ended and allows for a cooperative and flexible approach as long as both parents agree on the terms.
• Supervised Visitation: When the court has concerns about the child's safety or well-being, it may order supervised visitation. During supervised visits, a third-party supervisor, often a professional or trusted family member, monitors the interaction between the noncustodial parent and the child.
• No-Contact Visitation: In extreme cases, the court may order no-contact visitation if there are significant safety or welfare concerns. This means that the noncustodial parent is not allowed to contact the child.
• Virtual Visitation: With technological advancements, virtual visitation has become more common. It allows the noncustodial parent to interact with the child via video call, phone, or other electronic means, especially when physical visitation is not feasible.
• Neutral Pickup and Drop-off Locations: In situations where the parents may be in conflict, the court may order that the child be exchanged for visitation at a neutral and public location to minimize potential disputes.

Modifying a Child Custody Order

If you have an existing child custody order that you need to change, you can request a modification. If both parents agree on the modifications, they can present them to the court to obtain a new order. 

However, if one parent challenges the modification, the court will decide whether it is in the child's best interest and whether a substantial change in circumstances warranted it.

Common examples of significant changes in circumstances that may warrant a modification of child custody include:

• Relocation: If one parent plans to move a significant distance, mainly if it affects the current visitation schedule or the child's ability to maintain a relationship with both parents.
• Substantial Changes in Health: If there are health-related issues affecting either parent that significantly impact their ability to care for the child.
• Changes in Employment or Financial Status: Drastic changes in employment, income, or financial stability may affect the child's ability to provide a stable and suitable environment.
• Issues of Substance Abuse: Evidence of substance abuse problems by either parent can jeopardize the safety and well-being of the child.
• Legal Issues or Criminal Activity: If there are new legal issues or criminal activities involving either parent that could impact the child's safety.
• Changes in the Child's Needs: If the child's needs have changed significantly, such as educational requirements, medical conditions, or developmental needs.
• Allegations of Abuse or Neglect: Substantiated allegations of abuse or neglect, whether towards the child or within the household.
• Parental Alienation: Instances where one parent is deliberately undermining the child's relationship with the other parent, leading to a negative impact on the child's well-being.
• Parental Cooperation: There are ongoing issues with communication or cooperation between parents, hindering their ability to make joint decisions in the child's best interest.
• Child's Preference: In some cases, especially with older children, their preference regarding custody arrangements may be considered.

Modifications are often part of an evolving family dynamic and require a nuanced understanding of legal formalities. Professional advice ensures that documentation and court submissions meet standards, paving the way for quick and efficient legal proceedings.

Importance of Establishing Paternity

In North Carolina, an unmarried couple will have legal problems associated with custody and visitation if paternity is not established in an appropriate timeframe. As a father, you may miss out on the right to see your child if the state sees the mother as the sole custodian. 

There are four general methods to establish paternity:

• Both the father and mother are married before the child's birth
• The father and mother marry shortly after the birth of the child
• The parents sign what is called an Affidavit of Parentage, which can be done at the hospital or birthing center
• One of the parents files a lawsuit to establish paternity. Usually, fathers sue for custody and visitation rights, while mothers sue to obtain child support payments.

Establishing paternity is a crucial step in securing legal parental rights and responsibilities. An accurate determination not only grants rights to the father but also addresses the child's right to support and inheritance. Moreover, paternity establishment helps reinforce familial bonds and provides the child access to the father's medical history, which can be pivotal for health-related decisions.

Can grandparents or other relatives seek custody of a child?

Yes, in North Carolina, grandparents or other relatives can seek child custody under certain circumstances. The court may grant custody to a grandparent or relative if it is determined to be in the child's best interests and if specific statutory requirements are met. 

The court will consider factors such as the child's relationship with the grandparent or relative, the child's needs, and the grandparent or relative's ability to provide a stable and nurturing environment.

How does relocation affect child custody arrangements?

Relocation can significantly impact child custody arrangements in North Carolina. If a custodial parent wishes to relocate with a child, they must notify the other parent and seek court approval or consent from the noncustodial parent. 

Can the child decide which parent to live with in North Carolina?

While North Carolina courts may consider the preferences of older, more mature children, the child’s wishes are just one factor in the decision-making process. The court decides custody based on what it believes is in the child’s best interest. The older the child, the more weight their preference may carry, but the court is not bound by the child’s choice.

What happens if a parent violates a custody order in North Carolina?

If a parent violates a custody order in North Carolina, the other parent can take legal action. Violating a court-ordered custody agreement is considered contempt of court, and it can result in fines, changes to the custody arrangement, or even jail time in severe cases. The parent affected by the violation can file a motion for contempt to enforce the existing order.

Is joint custody always the preferred outcome in North Carolina?

While North Carolina courts often favor joint custody, it’s not guaranteed in every case. The court’s primary concern is the child’s best interests, and joint custody is considered only if it promotes the child’s well-being. If one parent cannot provide a safe or stable environment or joint custody, it would lead to conflict that negatively affects the child, and the court may award sole custody to one parent.

When does child custody end?

In North Carolina, child custody typically ends when the child turns 18 or becomes legally emancipated. Once the child reaches the age of majority, they are considered an adult, and the custody order no longer applies. However, in cases where a child has special needs, custody or support obligations may extend beyond age 18, depending on the court’s ruling.

How does child support factor into child custody?

Contact Our Charlotte Child Custody Lawyers Today

At Blood Law, PLLC, our Charlotte child custody lawyers understand the importance of obtaining a custody order that puts your child's interests first. We have the experience, skill, and patience to help you determine what choices are in your child's and your family's best interest.

Ready to get started with your child custody case? Contact our Charlotte child custody attorneys today at Blood Law, PLLC, to schedule a consultation and take the first step toward securing your children's future.