North Carolina General Assembly Considers Change To Child Custody Law :: Separation and Divorce Lawyers in Charlotte, North Carolina
Attorney Matthew R. Arnold answering the question: "Can any attorney help me with my family law needs in North Carolina?"
In a potentially important shift, the North Carolina General Assembly is currently reviewing a bill proposed by State Senator Clodfelter that could drastically alter child custody arrangements in the state. The measure, Senate Bill 610, would amend the current laws regarding child custody arrangements and presumptions of custody following a divorce.
Specifically, the measure has been written to create a presumption of shared custody and responsibility between divorcing parents. The measure says that ought to be the policy of the State to encourage joint parenting arrangements and to reduce what it refers to as "needless litigation over child custody matters." To help facilitate these joint parenting arrangements, the law will encourage parents to take responsibility for their children by creating a new expectation that parenthood will be an ongoing responsibility for both parties, even in the face of divorce.
The measure seeks to encourage both parents to share the responsibilities of raising a child, even after a marriage has dissolved. To accomplish this, SB 610 will now create a legal presumption of shared responsibility. The measure defines this as meaning that each parent will share "as close as possible to an equal amount of time with the child." The legislation does not stop there, but instead specifies an exact amount of time that non-custodial parents should expect to spend with their children. The law says that this figure shall not be less than 35 percent of the amount of time with the child.