Defending Your Rights In Child Custody In Alexander, Iredell And Surrounding Counties
Child custody disputes often trigger highly intense and contentious battles between the parties to any dissolution of a relationship – whether it is breakup, separation or divorce. Regardless of how contentious the dispute is between the parties, the standard that the court will consider is what is “in the best interest of the children”.
Attorney Joel Harbinson, a seasoned attorney in child custody and child support cases, leads our team of family law attorneys, and has the experience and skills required to guide their clients to the best possible outcome for their kids. He believes that not all child custody outcomes have to be handed down from the bench. There are alternatives to court, such as arbitration, mediation and settlement negotiations, that our attorneys skillfully utilize to resolve custody disputes. However, when those options are not available, our child custody lawyers are prepared to use their skills as trial lawyers to obtain results for their clients.
In North Carolina, our courts do not award custody to mothers automatically. In addition, there is no preset age at which children are deemed capable of deciding for themselves with which parent they will live. Judges evaluate each case individually and are charged with making a decision that is “in the best interests of the children.”
The lawyers at Harbinson Brzykcy, believe fully that parents know their children better than any judge. They will always encourage soon-to-be ex-spouses to set aside their hurt feelings, and work together toward a quick and amicable solution.
How North Carolina Courts Decide Child Custody
In North Carolina, child custody decisions are based on the “best interests of the child” standard. This means the judge will consider a variety of factors to determine the living arrangements that promote the child’s emotional and physical well-being. Some of the most important factors considered include:
- The child’s emotional and physical needs
- The child’s relationship with each parent
- Each parent’s ability to provide a safe and stable home environment
- The child’s age and maturity level
- The child’s preference (if the child is old enough to express a reasonable preference)
- The parents’ parenting history
- The parents’ willingness to cooperate with each other
- The geographic proximity of the parents’ homes
These and other factors will allow courts to determine what will give the child the support they need.
Can Child Custody Arrangements Be Modified?
Yes, child custody arrangements can be modified in the future if circumstances change significantly. This could include a change in a parent’s living situation, the child’s needs, or the relationship between the parents and the child.
Emergency Child Custody And Grandparent Custody
In emergencies, a parent may seek a temporary emergency custody order to protect the child from harm. Additionally, grandparents may petition the court for visitation rights or even custody under certain circumstances.
Protecting Your Rights In Child Custody Matters
The experienced family law attorneys at Harbinson Brzykcy, understand the complexities of child custody cases. Attorney Joel Harbinson and our team will work tirelessly to advocate for your parental rights and ensure a child custody arrangement that prioritizes your child’s well-being. We will explore all options, including mediation and negotiation, to reach an amicable solution whenever possible.
What Are The Different Types Of Child Custody In North Carolina?
When parents separate or divorce, it’s essential to understand custody arrangements to ensure the best possible future for your family. In North Carolina, courts recognize two main types of custody:
- Physical custody: This determines where your child lives and which parent handles day-to-day care. If you receive sole physical custody, your child will live primarily with you and the other parent will typically receive scheduled visitation rights that work for everyone involved. In joint physical custody arrangements, your child will spend significant time living with both parents. This type of arrangement requires a clear schedule and often works smoothly when parents live relatively close to each other.
- Legal custody: This refers to a parent’s right to make big decisions about a child’s life, including education, health care and religious upbringing. When both parents have joint legal custody, they share the responsibility of making important decisions about their child. For sole legal custody cases, one parent gets to make all the big decisions about their child’s life. The court might choose this option if the parents cannot get along or if one parent hasn’t made good choices for their child in the past.
In North Carolina, many families create arrangements that blend elements of both types to fit their individual needs.
What Is A Parenting Plan, And Is It Required In North Carolina Custody Cases?
Think of a parenting plan as a road map for how you and your co-parent will raise your children after separation or divorce. This written document covers the important details about your children’s lives, including where they will live, how you will make decisions for them and the time they will spend with each parent.
While North Carolina law does not strictly require a formal parenting plan, the courts strongly encourage parents to create one. When you take the time to develop a thoughtful plan together, you show the court you’re putting your children first despite your differences.
Can I Relocate With My Child After A Custody Order Is Established In North Carolina?
Moving to a new place with your child after a custody order is not a simple decision. You will likely need to request a modification of your custody order through the court. The judge will look at why you want to move, how the move benefits your child and how it might impact their relationship with your co-parent.
Schedule A Consultation With Alexander, Iredell And Surrounding Counties Child Custody Attorney
Contact Harbinson Brzykcy, today at 828-600-7462 or visit our contact page to schedule a consultation with a skilled child custody attorney at our office location in Alexander, Iredell & Surrounding Counties. We are committed to guiding you through this challenging process with compassion and knowledge.
