According to Demographic Research, shared physical custody has become much more common since 1985, almost tripling in likelihood from 13% to 34% within three decades. Parents approaching divorce or separation may have a vague idea of how child custody works, and they may understand that shared custody means their child will spend about half their time at each household. However, this is not the only possibility when it comes to physical custody. In addition, the amount of time spent at each household only represents one aspect of parental rights and custody in South Carolina, Tennessee, and North Carolina. When approaching this legal process, it is important to learn about all potential outcomes and types of custody. A consultation with an experienced child custody attorney may serve as an educational opportunity in this regard. Continue this dialogue by contacting King Law Offices at (888) 748-KING. With our assistance, it may be possible to learn more about parental rights and custody. Our South Carolina offices are located in Rock Hill, while our North Carolina offices are located in Forsyth County, Mecklenburg County, Haywood County, and Watauga County. We also maintain Tennessee law offices in Washington County.
The Distinction Between Legal and Physical Custody
When it comes to parental rights and custody, one of the most important concepts for parents to understand is the distinction between legal and physical custody. Many parents assume that there is only one type of custody. The most obvious type of custody involves the amount of time each parent spends with their child, but there is also a separate type of custody that involves the decision-making authority of each parent.
Physical Custody Explained
This is the type of custody that most parents are familiar with, even if they have not researched how parental rights and custody work in South Carolina, North Carolina, and Tennesee. The North Carolina Judicial Branch states that physical custody is the right of a parent to have their child in their “physical care.”
This definition is consistent across other states as well, and it basically refers to the amount of time a child spends living at the residence of their parent. Shared physical custody is becoming increasingly common in the United States, but one parent might also gain “sole” or “primary” physical custody. In this type of arrangement, the child lives exclusively with only one parent. Courts may refer to this parent as the “primary custodial guardian.”
Legal Custody Explained
Many parents are unfamiliar with the concept of legal custody as they approach divorce or separation. However, it has the potential to affect a child in many ways. Legal custody involves the decision-making authority of each parent. Without legal custody, a parent has no right to make decisions about how their child should navigate important parts of life. These decisions might involve religion, healthcare, education, potentially dangerous sports, dating, sleepovers, and much more.
As with physical custody, shared legal custody is a common outcome in North Carolina, Tennessee, and South Carolina. In this type of arrangement, each parent has the right to control major life decisions that affect the child. Perhaps most importantly, a parent who shares legal custody cannot make these decisions without the consent of the other parent. In other words, each parent has “veto power.” Common sources of dispute include vaccines, gender-affirming care, private school, and religion. Sole legal custody is somewhat rare, but it gives one parent the right to make these decisions without first consulting the other parent. Parents with shared custody may contact King Law Offices in an attempt to resolve disputes over major childcare decisions.
What Are Visitation Rights?
Every parent has “visitation rights,” regardless of their legal or physical custody of a child. Family courts in North Carolina, Tennessee, and South Carolina believe that a parent should always have the right to see their child. Some also argue that children benefit from the presence of both parents – even if one parent plays a minimal role in their life. As a result, it is virtually impossible to stop a parent from seeing their child on an occasional basis. Even if the parent has a history of endangering or harming the child, courts may order “supervised visits.” These visits often occur in the presence of both parents, and law enforcement may also watch the interaction to ensure the safety of all parties. Courts only prevent parents from seeing their children if they are extremely violent and dangerous.
Parental Rights When Determining Paternity
Fathers also have distinct rights as they attempt to determine whether they are biologically related to a specific child. First, a mother may need to prove paternity before demanding child support from a potential father. In turn, the father may be legally obligated to participate in a DNA test. If a father believes that they are the biological father of a child, he has the right to determine the truth of the matter. As a result, the court may order the woman to allow her child to undergo a DNA test. If the child is biologically related to the father, then he may pursue shared custody and visitation rights.
Discuss Parental Rights and Custody With King Law Offices
A greater understanding of parental rights and custody may allow parents to proceed with greater confidence after a divorce or breakup. However, education is only the first step. Once a parent becomes more knowledgeable about the distinctions between legal custody and physical custody, they should take effective legal steps to pursue their goals. Parents may find it easier to fight for their parental rights and custody with help from a North Carolina child custody attorney. These legal professionals may be able to develop strategies based on the best interests of the child. To continue this discussion, contact King Law Offices at (888) 748-KING. We maintain law offices throughout North Carolina in cities like Winston-Salem, Cornelius/Charlotte, Waynesville, and Boone. Our South Carolina offices are located in York County, and our Tennessee offices are in Johnson City.