Advocating For Your Parental Rights In Divorce

Child custody is one of the most litigated issues in divorce. With an exceptional legal team that includes several attorneys who are board-certified by the North Carolina Board of Legal Specialization as family law specialists, Ellis Family Law, P.L.L.C., can guide you through the process used to determine child custody in North Carolina. We proudly represent parents throughout the Triangle area from our office locations in Durham, Pittsboro and Wake Forest.

Understanding Child Custody In North Carolina

There are two types of child custody in North Carolina:

• Legal custody refers to the right and responsibility to make decisions for your child and to access their major records, whether educational or medical. Most of the time, parents in North Carolina will have joint legal custody.
• Physical custody refers to where the child will live and the amount of time each parent will spend with the child in terms of overnights. In some cases, one parent will have primary child custody and the other parent will have visitation, and in other cases, parents will have joint physical custody.

A huge change for North Carolina families occurred in May 2011 when Ellis Family Law successfully argued in the case Baumann-Chacon v. Baumann that the trial court should have jurisdiction to determine custody and child support prior to the parties physically separating from one another. The Court of Appeals has now agreed that the state’s interest in protecting minor children also includes allowing a trial court to enter an enforceable custody and child support order prior to the parent’s separation.

Now, when parents of minor children plan to separate and divorce but cannot agree on custody of the minor children, they do not have to try to beat the other parent to the schoolyard to ensure they will have contact with their children while they are awaiting a court date. This clarification in the law should help minor children feel more secure about what will happen to them immediately after their parents separate.

What Does North Carolina Consider When Deciding Custody?

Custody in North Carolina is awarded based on the best interests of the child. The parent’s personal wishes or the child’s preferences may be considered but will not be the deciding factor of how custody is determined. Instead, courts review various crucial factors, including:

• Each parent’s living arrangements
• Each parent’s ability to care for the child
• Each parent’s relationship with the child
• Each parent’s age, health and financial status
• Any issues of substance abuse, violence or neglect

By considering all of these factors, the courts look at the full picture regarding a child’s upbringing and welfare to determine how to award custody. We can help you better understand this process and develop a strategy to better your chances of a positive outcome.

Mediation In Child Custody Disputes

If you and the other parent cannot agree on a child custody and visitation arrangement, the court will refer you to mediation. The only time mediation may be waived by the court is when there are issues of domestic violence and drug abuse or when one parent lives more than 50 miles away from the jurisdiction.

The North Carolina Administrative Office of the Courts (AOC) will provide you a free mediator through your county court system. As your lawyers, Ellis Family Law can answer any questions you have about the process.

If you and the other parent agree on a mediated solution, it will result in a parenting agreement. As your lawyers, Ellis Family Law will review your mediated parenting agreement and make sure you understand it before you sign it. After the judge signs this agreement, it will become a court order.

If mediation is not successful, your next opportunity to resolve your child custody case may be at a temporary hearing before a judge.

Third-Party Custody Actions

Custody matters don’t always involve just the child’s parents. Other adults, such as grandparents, aunts and uncles, or other relatives, may be able to seek custody of a child in certain situations. In order to seek custody or visitation, third-party candidates must meet certain criteria. The child’s parents may also need to be deemed unfit to care for the children in order for custody to be awarded to a nonparental relative.

We can help grandparents and other relatives take the necessary steps toward securing custody or visitation of a child.

What Warrants A Modification Of Child Custody Orders?

Many life changes can warrant a modification of child custody orders. Some of the most common include:

• One parent wishing to move out of the area
• Conflicts with visitation schedules
• A parent’s alleged misconduct resulting in a CPS investigation
• A child starting school or changing schools
• The changing wishes of the child

As with any child custody determination, the overriding interest in a modification case is in protecting the best interests of the child. A family court judge will consider that above all else when deciding whether to approve a move away, changes to a holiday schedule or any other changes to custody.

Our child custody lawyers have handled numerous modification proceedings and know how judges are inclined to rule on these matters. We can guide you through the process of seeking a modification or stopping one you feel will adversely affect your relationship with the child.

Meet With An Experienced Custody And Visitation Lawyer

For more information about child custody and visitation, call Ellis Family Law in Durham, Pittsboro or Wake Forest at 919-944-4811 or fill out our online contact form to schedule a consultation.