Charlotte Divorce Lawyer Blog
Child Custody Case: Tips for Success
Child custody is often one of the most significant disputes that takes place during or following divorce. North Carolina courts typically presume that both parents are equally able to care for their children and may allow joint or shared legal and physical custody. Shared parenting is often the best solution, but there are times when one parent seeks full custody. This may lead to an ugly court battle where both parents wish to control custody of their child. When a custody dispute occurs, it is essential to understand your rights as well as options for how to proceed with the case. This is likely an emotional time, and it is helpful to seek guidance from an experienced attorney.
Maintain Visitation
While you are facing a custody disagreement, it is imperative that you continue to have contact with your child. During this time, you must continue to remain within the guidelines of the current custody and visitation order that is in place. Maintain a strong parental bond with your child, even as you may be at odds with the child’s other parent. It is also important not to put the child in the middle of the conflict. Make sure that you shelter your child from any ongoing issues you have with your ex and instead focus on spending quality time with your child.
Review Potential Negative Impacts to Your Case
There are many factors that could impact the pending custody decision. It is best to review all the various issues, such as financial or job-related, living arrangements, and any other matters that could negatively reflect on your ability to maintain custody of your child. Discuss these matters with your attorney to determine the best way to address them. Don’t try to hide potential negative issues, or they could end up being brought up against you in court. Most times, you can address the issues more easily when you discuss and review them in advance of court procedures.
Put Your Child’s Best Interests in the Forefront
One of the most important things to consider when you’re involved in a custody dispute is to remember that the most important factor is what is best for the child. Keep in mind that the judge is mandated by law to make decisions based on what is in the child’s best interests. You will want to tailor your case and responses with this in mind. Be sure to focus not on your wants but instead on the options that are best for the child. Consider what will make the child feel happier and more comfortable, and make decisions accordingly. Do not make decisions in order to hurt or spite the other parent.
Seek Legal Guidance
It is often a good idea to seek legal guidance, especially when you are facing a serious issue such as the custody of your child. An experienced attorney understands the ins and outs of custody battles and knows how the court will respond to various legal strategies. Every case is different and has a unique set of circumstances. Meet with your lawyer to review the details of your specific situation in order to ensure a legal approach that will be successful.
To learn more about custody matters, contact us at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation with our skilled legal team.
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.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-13.2.html
https://www.law.cornell.edu/wex/child_custody
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