Child Custody & Visitation

The issue of child custody is filled with difficult considerations for both parents and children. These matters can be complex and emotionally charged. Parents and children commonly find themselves battling emotions of fear and anxiety while navigating the transition from a single-family unit. A parent’s desire of maintaining a full relationship with their child(ren) while juggling the uncertainties that accompany sharing time and custody with the other parent can present a myriad of challenges, especially in highly contested custody matters.  Though most custody issues are resolved outside of court through agreement, it is imperative that a compassionate and dedicated attorney help navigate the legal issues surrounding this complex and sensitive issue of divorce. Doing so will allow you to focus on preserving and facilitating healthy primary relationships for your child.

What is Child Custody?

North Carolina child custody laws govern the welfare and care of minor children who have not yet reached 18 years of age, as well as those who suffer from medical or emotional challenges. Generally, custody rights apply to the parents of a child, however, in some limited cases, these rights can apply to other interested third parties, such as grandparents. Custody and visitation rights can be determined by agreement of the parents or through the courts in an order.

Types of Child Custody

In North Carolina, child custody is typically divided into two main categories:

• Legal Custody – This refers to the legal right to make major life decisions for a child, such as medical, educational, and religious decisions. Day-to-day decisions are made by whichever parent has the child at the time, whereas legal custody is concerned with the decisions that have long-lasting implications. Legal custody can be shared between parents or authority can be given solely to one parent.
• Physical Custody – This refers to the actual schedule of physical care for a child. This can be shared between parents equally or one parent can have a child a majority of the time. Depending on the time split between parents this may be referred to as primary custody or secondary custody. Often secondary custody and visitation are terms used interchangeably.

How is Child Custody Decided?

If parents are able to agree on child custody sharing arrangements, the terms can be memorialized in an agreement. That agreement can be the basis for a consent order resolving a child custody court case or it can be the basis of a private custody agreement.  This private agreement can be contained in a separation agreement among other terms surrounding separation and divorce or it can be in a separate agreement, referred to as a parenting agreement.

When parents are unable to come to decisions about custody, these decisions may require court intervention. Before a court issues a custody determination, parents will be required to attend custody mediation. This provides parents with the opportunity to cooperate with one another and come to a mutual agreement. It has been shown that when parents are able to work out custody arrangements, those agreements have a higher rate of success than decisions imposed by a Judge. Additionally, when parents are able to maintain a good relationship with strong problem-solving skills, they are better equipped to deal with schedules and other changes as they occur.