Schedule a Consultation(704) 248-7683

Learning About Child Custody during Divorce

by

Child custody during divorce is considered one of the most critical issues in these cases. In deciding custody of children under 18 years of age, the court is led by the best interests of the child. There are four types of child custody recognized by North Carolina law.

Sole Physical Custody

Sole physical custody means the children will be supervised by and reside with one parent. The parent’s plan for the other parent’s visitation rights must be approved by the court. Normally, the court will set visitation rights if both parents can’t voluntarily agree upon satisfactory arrangements.

Joint Physical Custody

In the case of joint physical custody, both parents will have significant periods of time with the children, but not necessarily equal time. This means both parents will have more or less continual contact with the children.

Sole Legal Custody

Sole legal custody gives one parent the responsibility and right to make decisions about the children’s education, health, and welfare. The other parent maintains visitation rights in cases of child custody during divorce. Sole legal custody is the most common custody arrangement even though joint legal custody is favored by the courts. A person must have legal custody to request child support. In North Carolina, the child support amount is based on child care costs, both parents’ gross income and their contributions for health insurance, and any additional expenses.

Joint Legal Custody

Joint legal custody gives both parents the right and the responsibility to share decision-making about the education, health, and welfare of their children. If parents can make it work, the law favors joint legal custody as it is in the best interest of minor children. The parents must submit a “parenting plan that works.” Joint legal custody is not always easy, because it requires cooperation from both parents.

Deciding Custody

When deciding child custody during divorce, the court takes several factors into account. Determining the child’s best interest factors in:

  • the needs of the child
  • the physical and mental condition of the parent and child
  • the age of the parent and the child
  • the relationship existing between each parent and child
  • each parent’s role in the upbringing and care for the child
  • the home where the child will reside.

Child Custody During Divorce

In most cases involving child custody during divorce, the court will factor in which parent will most likely see to it that the non-custodial parent remains involved in the child or children’s lives.

Either parent in dispute for child custody during a divorce can ask the court for a custody evaluation. The evaluator may be appointed by the court or decided by the parents. This third-party evaluation is used to help the courts make a custody determination.

A child’s custody preference may also be taken into account. If the judge deems the child mature enough, the child’s preference may be considered in child custody during divorce. According to North Carolina case law, a child aged ten years or older may provide input on custody decisions.

Those faced with issues of child custody during divorce will find an advocate at Emblem Legal. The professional and experienced lawyers are knowledgeable about child custody during divorce proceedings. Our expertise is not only in looking out for your best interests, but also the best interest of your child or children. Contact us for legal help with child custody during divorce. Get started with a consultation today.

Consultation at Emblem

Reader Interactions

Comments

  13. Lmfywm says

    The enumeration of choice concerted your unswerving is to insulting the more moderate, sex, and evolution requirements you had alanine to note ED. online slots Lhggcl kzcydz

    Reply

  76. Clara says

    Conception typically takes place when the sperm fertilises the egg in the fallopian tube and
    it then takes another six days for the newly fertilised egg to reach the uterus,
    and the mother is usually quite unaware of any physical changes taking place in her
    body. https://impotencecdny.com generic
    cialis canada

    Reply

  189. Iley74y says

    slobe and his nourisher current on 509 dollars a month – this is the social security the kids receives. A colossal portion of this notes goes to medicines and supplies, the balance to boards utility bills and food. The m‚nage has no money for the purpose rehabilitation. The status quo is a little rescued past the videos, which are filmed and published nearby the online pharmacy rehabilitation center.

    Reply

  228. Kala says

    cialis pro review viagra, cialis and levitra – zapiro
    cartoon cialis [url=https://pharmwalmart.com][/url] cialis
    daily

    Reply

  283. Lawrence says

    I savor, result in I found just what I used to be taking a look
    for. You’ve ended my four day long hunt! God Bless you man. Have a nice day.
    Bye

    Also visit my webpage; big

    Reply

  319. Sibyl says

    Taxi moto line
    128 Rue la Boétie
    75008 Paris
    +33 6 51 612 712  

    Taxi moto paris

    Hi Dear, are you actually visiting this website on a regular basis,
    if so after that you will absolutely obtain nice knowledge.

    Feel free to visit my website; hey

    Reply

  349. Hydrasajtdrok says

    актуальное зеркало hydra похожа на портал, что рассчитан для поставщиков подпольных вещей и спецуслуг. Такую же услугу невозможно найти в традиционном интернет-магазине, потому что это противоправно.

    Reply

  353. HaroldZem says

    tudhteyc http://camzone.org/ or https://vgr24w.com/ or http://www.jilir.org/ or https://canpharmb3.com/ or https://cialmen.com/ shzgepzv

    Reply

  390. JasonLaf says

    anti fungal pills without prescription https://canadianpharmacyvikky.com levitra without a doctor prescription

    Reply

  393. golf car key replacement says

    I like the efforts you have put in this, thank you for all the great content. https://local-auto-locksmith.co.uk/vw/

    Reply

  407. hydraruzxpnew4af_onion_drok says

    сайт продаж г клинцы гидра представляет собой ресурс, который разработан для продавцов серых покупок и сервисов. Аналогичную продукцию неприлично купить в привычном магазине, так как это нелегально.

    Reply

  413. geodon without a prescription says

    My husband and i ended up being cheerful Albert could carry out his analysis because of the ideas he acquired from your blog. It’s not at all simplistic just to always be freely giving concepts a number of people could have been making money from. And now we acknowledge we’ve got the blog owner to appreciate because of that. All of the explanations you’ve made, the easy blog menu, the friendships you aid to create – it’s all amazing, and it’s aiding our son and our family believe that that article is amusing, and that’s especially essential. Many thanks for all! https://geodonziprasidone.com/

    Reply

  433. Ucuz instagram takipçi satın al says

    Instagram takipçi satın almanın hesabınıza bir çok önemli katkısı bulunmaktadır. Instagram Türk gerçek takipçi satın al fırsatı ile şu avantajları elde edebilmeniz mümkün

    Reply

Leave a Reply

Your email address will not be published. Required fields are marked *

Want to know more?

Talk with us.