When parents divorce, one of their main concerns is often child custody. Both parents are generally part of their child’s lives going forward, but they need to iron out the details. In many cases, the children will reside primarily with one parent while the other parent has regular visitation. Parents need to understand custody in North Carolina and learn how to seek the type of living arrangements that are best for their children. A knowledgeable Charlotte divorce attorney will help with matters of child custody.
What is Sole Custody?
Sole custody is an arrangement where one parent has physical and/or legal custody of a child. It is helpful to understand the difference between legal and physical custody. Legal custody refers to the right to make decisions on behalf of a child. Some decisions include those regarding education, medical care, and religion, to name a few. Physical custody means where a child resides.
When a parent has sole physical custody, the child lives with them on a full-time basis. The child has visitation and some overnights with the other parent, but resides most of the time with the parent who has primary custody. A parent who has sole legal custody has the right to make decisions without consulting the other parent. There are times when sole custody may be appropriate.
How Can I Request Sole Child Custody?
Custody is determined by the court, so if you want to request sole custody, you will need to petition the court. You must provide details as to the type of custody you are seeking, as well as the reasons why you are requesting it. The other parent must be served and has 30 days to respond. The court will set a hearing date. The court may require parents to attend mediation prior to their court date. Mediation is a way to help parents come to a custody agreement, which courts prefer.
What Happens if The Other Parent Does Not Agree
When parents cannot come to an agreement regarding child custody, the matter may result in a hearing in family court. You will need to gather documentation and information, including such things as medical records, witness statements, evidence of substance abuse, or proof of unfit parenting. You must provide information to the other parent ahead of the proceedings so they have the opportunity to prepare.
At the hearing, the judge will listen to both parents and review information. The judge will consider a variety of factors in determining child custody, such as the age of the child, the relationship with each parent, the time each parent has to spend with the child, the ability to provide and care for the child, the stability of the parent, and many more things. Of utmost importance is the best interests of the child.
Requesting sole custody can be a challenging process, so it is helpful to seek guidance from an experienced family law attorney. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation.
The family law practice group at Arnold & Smith, PLLC includes four Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.law.cornell.edu/wex/best_interests_of_the_child
https://www.law.cornell.edu/wex/sole_custody
Image Credit:
https://www.freeimages.com/photo/family-time-1-1312790
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