Charlotte Divorce Lawyer Blog
Child Custody and Parenting Time in North Carolina
When parents choose to divorce, there are many consequential decisions that they must make. Of these, the most significant decisions are those that impact the children. It is helpful to have a good basic understanding of child custody and parenting time options in North Carolina. Typically, a child will reside primarily with one parent, while the other parent has regular visitation or parenting time.
Types of Child Custody
There are two terms that are used to describe child custody. Legal custody is the ability to make legal decisions on behalf of a child. Some of these decisions include those regarding a child’s education, religion, and medical care. Physical custody means where a child resides. Most often, parents share custody. Joint or shared physical custody does not necessarily equate to a schedule where each parent has custody exactly half of the time. Instead, parenting time relates to a schedule that is best for the child.
What is Parenting Time?
Parenting time is the time that each parent spends with their child. Parenting time is also sometimes called visitation. A parenting time schedule may be accomplished through an agreement between parents and is usually part of a court order. A parenting plan is used to define specifics of parenting time, such as which days of the week the child will spend with each parent, and how the child will spend vacations and holidays, among other things. Parents may work together to create a parenting time schedule that is best for their family.
How Is Parenting Time Determined?
Parenting time is ultimately determined by a judge. Parents may present their parenting time schedule to a judge for approval. Sometimes, parents do not agree to a parenting time schedule. The judge will look at a number of factors to decide parenting time. Some of these factors include the age of the child, the schedule of each parent, the ability of each parent to provide care, and the relationship of the child with each parent. The judge will try to ensure that parenting time is fair to both parents while providing a stable and supportive environment for the child.
Making Decisions in the Best Interests of the Chil
The most important factor for any parenting plan is what is in the best interests of the child. A schedule that seems good on paper may not always work out best for the child. The ultimate goal is for the child to spend time with each parent in a consistent and safe manner. The needs of the child are of utmost importance, and the judge takes care to evaluate the options to make sure that the child will have the best possible life. Parenting time may not always be exactly equal based on what is best for the child.
What to Do if You Need Changes to Parenting Time
When children grow and change, their needs also change. As time goes by, there may need to be some changes to parenting time to accommodate these changes. If you need to make a change to parenting time, you must do so through the court. You may file a modification request with the court. Both parents will be able to present their reasons why parenting time should change. An experienced attorney will guide you through the process to legally revise parenting time.
Child custody and parenting time can be complicated. To get answers to your questions, contact us today at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation with our legal team.
The family law practice group at Arnold & Smith, PLLC includes two 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.nccourts.gov/help-topics/family-and-children/child-custody
https://www.law.cornell.edu/wex/parenting_plan
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