Going through a divorce with children can be complex and emotional. From figuring out child custody to settling on child support payments, it is crucial that your children’s needs are always a priority throughout your case. That is where having an experienced child custody attorney can help you immensely. There are many stressful aspects that come along with a divorce. By hiring an expert family lawyer, like one of our attorneys at Parsons Law, PA, you can trust that both you and your children’s needs will be properly represented.
Child custody cases are rarely simple. Here at Parsons Law, PA, we understand just how much stress a divorce can put on you, especially when your children are involved. That is why our team is dedicated to helping families across North Carolina with difficult family law cases. With decades of combined legal experience, our team of attorneys can guide you through your child custody case while providing you with expert advice and representation along the way. If you need assistance with a child custody case here in Asheville, NC, do not postpone getting the help you need.
Child custody refers to the right of an individual to have legal guardianship over a child. There are two main kinds of child custody, both of which can be granted to one or both parents depending on the circumstances of their case. There are two primary kinds of child custody in North Carolina.
Legal custody gives a parent the right to make important decisions on their child’s behalf while they are a minor. The parent is allowed to make decisions regarding schooling, healthcare, welfare, religion, and more.
If a parent is granted sole legal custody, this means that that parent has the sole right to make important decisions for their children and the other parent cannot. When parents share joint legal custody, however, both are allowed to make important decisions on behalf of their children. In North Carolina, both parents must consult each other before making a decision when joint legal custody is shared. If they cannot agree, the decision may have to go to court.
Physical custody gives a parent the right to have a child physically live and stay with them. If a parent is granted physical custody, they have the responsibility of caring for their children and meeting their basic needs.
When a parent is granted sole physical custody, they are referred to as the “custodial parent.” This means they have the sole right to have their children live with them, and the other parent does not. In cases of sole custody, the other parent can apply for visitation rights to still be able to see their kids. If parents share joint physical custody, however, both have the right to have the children live with them.
Joint physical custody can be different for every family, depending on what works best for them. Some examples would be children living with their mom during the week and their dad during the weekends, or with their mom during the school year and their dad in the summer.
If you are going through an uncontested divorce, then you will most likely be able to make a child custody agreement outside of court. In a contested divorce, you and your spouse will have to go to court to present your arguments for what child custody decision you think is best. Ultimately, it is the job of the judge to keep the best interests of your children in mind when making their final decision. The court will take a variety of factors into consideration when determining child custody, including:
A: Whether child support will be required in a case of joint physical custody depends on the circumstances. If one parent made most of the income during the marriage, they may be required to make child support payments to the other parent to ensure the children are still taken care of properly.
A: It is the duty of the family court to always keep the best interests of the children in mind. This means that with every decision they make, they must think about how it will affect the children and work to make a decision that is best for them. The court must do this even if it goes against the wishes of one parent.
A: It is possible, but difficult, for a parent to try and petition a child support decision for modification. Whether they are actually able to change the order will depend on whether the court accepts their petition. Working with an expert family attorney is critical to successfully modifying a child custody order.
A: Visitation rights are often granted to the non-custodial parent so that they can still have parenting time. An example of visitation would be a situation where the children stay with one parent every other weekend. Another would be an arrangement where one parent has the child during the school year and the other has them during summer break.
When you are involved in a child custody case, it is always in your best interest to work with an experienced family lawyer who can help you throughout your legal proceedings. At Parsons Law, PA, our team of child custody attorneys can represent your children’s needs and fight for the best possible outcome for your Asheville case. Whether you are looking to establish sole physical custody or trying to petition a court for a modification of a custody order, our lawyers are prepared to assist you. To learn more about our legal services and our team here at Parsons Law, PA, contact us today and schedule a consultation for more information.
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