Despite good intentions and considerable effort, some marriages do fall apart. When you have decided to file for divorce in North Carolina, you must consider reading up on state laws. While the law doesn’t require you to hire an attorney, it is best to seek legal representation, just for your own interests and rights. Also, if you have a minor child, the divorce can get messy in no time, especially when both parents don’t agree on important aspects. In such cases, talking to a Charlotte child custody lawyer can help in tiding through the tough times, for a more amicable divorce and separation. In this post, we are sharing more on child custody laws in North Carolina.
Understand how child custody laws work
In almost every state, the court always take a decision considering the “best interests of the child”. North Carolina is no different. However, the courts here usually want parents to settle the concerns related to child custody and support matters outside of court. Most child custody disputes in the state are actually resolved like that. This kind of allows the parents to cooperate with one another and come with a parenting and custody agreement that’s acceptable to both sides.
What if the co-parents cannot agree?
The court will ask co-parents to go for mediation, to find a possible arrangement that’s in the best interest of the child and is acceptable to both parents. If that doesn’t happen, courts usually granted primary custody to one parent, depending on all other factors. In most cases, parents can share legal custody of the child, but typically, one parent only has visitation rights and not physical custody. There is, however, no favoring in such decisions. For instance, the court will consider income of the parents, ability to pay for support, ability to be present for the child, and if there was a history of domestic violence or abuse in the past.
Call a child custody lawyer
When you want the best interests of your child and wish to retain your rights as a parent at the same time, talk to a skilled attorney. A good child custody lawyer knows what it takes to handle such circumstances, and even when you are not talking to your spouse, they can encourage communication. Your lawyer can talk to your spouse and their lawyer, to come to an agreement that is fair and will be acceptable in court.