Charlotte Divorce Lawyer Blog
Divorce With Kids in North Carolina: What You Need to Know
The decision to end your marriage is never an easy one and is especially difficult when you have children. It is estimated that about half of all divorces involve children under the age of 18. When you have children, you likely face a few issues that those without children do not have to handle. While divorce with kids can be a bit more complicated, it does not mean that you have to have a stressful or difficult uncoupling. There are some things to understand about divorce with kids that will help you navigate the process.
Child Custody
Some people assume that the mother always gets custody of the children in a divorce. That is not true. In North Carolina, both parents are presumed to be equally equipped to raise their children unless there are any factors that preclude it. There are two types of child custody, including legal and physical. Typically, both parents have legal custody, which is the ability to make important decisions on behalf of their child. Parents often have shared physical custody along with legal custody.
Shared Parenting
Parents may share custody of their children after divorce. Shared parenting is also called joint parenting or joint custody. Most often, children reside primarily with one parent while the other parent has regular parenting time. Parenting time is also called visitation. The courts consider many factors when they determine child custody arrangements. Child custody is always made according to what is in the best interests of the child. Parents may therefore need to make some concessions and make some changes to their own schedules in order to best accommodate the needs of their kids.
Parenting Plans
A parenting plan is a legally binding agreement that provides details regarding the living arrangements, visitation, holidays, and other schedules. Parents should make the plan as detailed as possible to ensure a smooth ongoing situation for the family. Once in place, both parents must abide by the plan, and any changes must go through the courts. You and your spouse should work together during the separation period to iron out parenting issues and come to an agreement. If you can’t agree, you may need to seek mediation.
Child Support
North Carolina courts generally utilize a formula when calculating child support. Judges use child support guidelines and schedules to determine the amount of support necessary. In high-income divorces, where the combined income of the parents exceeds $30,000 a month, the judge considers other factors such as the needs of the child, the necessary costs for education and health care, the standard of living of the parties, and other relevant data.
Parents are expected to work together to resolve differences and come to an agreement regarding child custody and visitation matters. It is best to develop a parenting plan that will make the transition after divorce easiest for your child. To learn more about divorce with children, contact our offices at Arnold & Smith, PLLC, at (704) 370-2828 to request 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.nccourts.gov/help-topics/family-and-children/child-custody
https://www.law.cornell.edu/wex/parenting_plan
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