Huntersville Child Custody Attorneys
Huntersville Child Custody Lawyers - Guiding You Through Your Child Custody Matters
Huntersville Child Custody Lawyers - Guiding You Through Your Child Custody Matters
All parents love their children. For the majority of parents, children are the most important part of their lives and they want what is best for them. In Family Law, in matters of separation and divorce, child custody often proves to be the most difficult issue to determine. Typically, both parents want to spend the most time possible with their children, which often leads to conflict.
Ideally, these issues are resolved amongst the parties without getting the court and a judge involved. The parents know their children intimately and know what is best for their children. While a judge may make a decision of child custody in the best interests of the child(ren), the judge does not know the child(ren) and is not intimately familiar with their needs and desires.
Occasionally, parties are unable to come to an agreement concerning child custody. In these cases, litigation becomes necessary. In North Carolina, in making child custody arrangements or modifications, a judge will determine what is in the "best interests" of the child(ren). The judge will make a decision in regards to the legal custody and physical custody of the child(ren). If the parents are agreeable, these decisions may be made exclusive of the court.
Legal Custody versus Physical Custody
In North Carolina, there are two main types of custody: Legal Custody and Physical Custody.
Legal custody concerns decision-making. The parent with legal custody is the parent who is able to make important decisions regarding the child(ren). Thus, the parent with legal custody may decide the child(ren)'s school, religious preference, extracurricular activities, and medical and dental procedures. The child(ren) does not have to reside with the parent who has legal custody.
Physical custody, on the other hand, concerns where the child(ren) physically resides. The parent with physical custody resides with the child(ren) and provides the child(ren) with actual, physical care.
Legal Custody versus Physical Custody
In North Carolina, there are two main types of custody: Legal Custody and Physical Custody.
Legal custody concerns decision-making. The parent with legal custody is the parent who is able to make important decisions regarding the child(ren). Thus, the parent with legal custody may decide the child(ren)'s school, religious preference, extracurricular activities, and medical and dental procedures. The child(ren) does not have to reside with the parent who has legal custody.
Physical custody, on the other hand, concerns where the child(ren) physically resides. The parent with physical custody resides with the child(ren) and provides the child(ren) with actual, physical care.
Sole Custody versus Joint Custody
In North Carolina, both legal and physical custody may be retained solely by one parent or shared between both parents. Sole legal custody, for example, would allow one parent the right to make important decisions concerning the child(ren). Joint legal custody, conversely, would allow both parents to make important decisions regarding the child(ren). The same is true in regards to physical custody: one parent may retain sole physical custody, or the parents may share physical custody, jointly.
If through private agreement or court order, one parent is awarded sole physical custody of the child(ren), the other parent will, typically, be allowed visitation. Visitation is the time the parent without sole physical custody spends with the child(ren). Either through a separation agreement or child custody proceedings, a visitation schedule will be determined, which defines the amount and type of visitation granted to the parent without sole physical custody. Visitation schedules are usually dependent upon living arrangements, the ages of the child(ren), the distance between the parents' homes, the desires of the child(ren), and whether there have been issues of domestic violence or child abuse. A visitation schedule, for example, may include overnights during the week, weekends, and / or holidays.
Child custody is not easy to decide. It can be emotional and expensive if it leads to litigation. Usually, if possible, it is best to settle child custody matters by a voluntary agreement between the parents. This gives both parents maximum control over how custody is determined. There are also certain situations where third parties, such as grandparents, may sue for child custody. If you have any questions regarding child custody or the child custody process, or wish to speak with an experienced family law lawyer, please contact Adkins Law. Our experienced Huntersville child custody attorneys will fight to get you the results you need.
In North Carolina, both legal and physical custody may be retained solely by one parent or shared between both parents. Sole legal custody, for example, would allow one parent the right to make important decisions concerning the child(ren). Joint legal custody, conversely, would allow both parents to make important decisions regarding the child(ren). The same is true in regards to physical custody: one parent may retain sole physical custody, or the parents may share physical custody, jointly.
If through private agreement or court order, one parent is awarded sole physical custody of the child(ren), the other parent will, typically, be allowed visitation. Visitation is the time the parent without sole physical custody spends with the child(ren). Either through a separation agreement or child custody proceedings, a visitation schedule will be determined, which defines the amount and type of visitation granted to the parent without sole physical custody. Visitation schedules are usually dependent upon living arrangements, the ages of the child(ren), the distance between the parents' homes, the desires of the child(ren), and whether there have been issues of domestic violence or child abuse. A visitation schedule, for example, may include overnights during the week, weekends, and / or holidays.
Child custody is not easy to decide. It can be emotional and expensive if it leads to litigation. Usually, if possible, it is best to settle child custody matters by a voluntary agreement between the parents. This gives both parents maximum control over how custody is determined. There are also certain situations where third parties, such as grandparents, may sue for child custody. If you have any questions regarding child custody or the child custody process, or wish to speak with an experienced family law lawyer, please contact Adkins Law. Our experienced Huntersville child custody attorneys will fight to get you the results you need.