Marion Child Custody Lawyer

If you are entering into a divorce or separation from the mother or father of your children, it is crucial that you are familiar with the laws concerning child custody in North Carolina. The child custody laws in North Carolina are as follows:

• North Carolina law does not grant gender preference in regards to child custody
• Unwed fathers may be eligible to obtain visitation rights
• If both parents are found to be unfit to care for the children, the grandparents of the underage children may be granted custodial rights
• Grandparents may be granted visitation rights if the parents have an ongoing custodial dispute and the grandparent’s presence would serve the interest of the child

If you are unsure of North Carolina’s child custody laws and how they may affect your family, contact one of the knowledgeable child custody lawyers at King Law for help.

In North Carolina, parents who are going through a divorce are encouraged to come to an agreement regarding child custody prior to having a judge involved. Not only will this speed up divorce proceedings within the court, but it will also make matters much easier on your entire family as you navigate this difficult time. A divorcing couple who has reached an agreement may have child custody agreements as part of a legal separation, which can be included as a consent order in the final divorce agreement. 

Child custody addresses the affected children’s general welfare, medical care, education, leisure, religious training, and recreational activities. The two forms of custody in North Carolina are:

• Physical Custody: This form of child custody involves providing and sharing a home with the child. 
• Legal Custody: This form of custody involves the parents assuming responsibility for making decisions about the child’s life. 

In most cases, one parent is granted physical custody while both parents share legal custody. For the parent that is not granted physical custody, a visitation agreement can be established to address the non custodial parent’s rights to see their child. In some cases, parents are able to come to an agreement and choose joint physical and legal custody.

In North Carolina, child custody cases begin with the parents having equal rights to sharing joint custody of the child. Then a judge will order final arrangements based upon what they believe will best serve the overall well being of the child. However, if the parents have come to an agreement prior to entering the court, most of the time the judge will honor that decision. 

At King Law, our Marion child custody lawyers have the experience to help you reach an amicable agreement with your spouse that benefits both you and your children concerning custodial rights. Some of the issues we can work to help you settle include:

• Ensuring both you and your spouse maintain an active role in your children’s lives by setting up a specific visitation schedule for the non custodial parent. An example of this may be a schedule where the non custodial parent sees the children every other weekend. 
• Minimizing the change or loss in the childrens’ lives
• Ensuring all the childrens’ basic needs are met
• Determining which parent the children will spend certain holidays, vacations, or birthdays with
• Reaching a mutual agreement regarding household rules for the children that both parents support
• Developing requirements for each parent to notify the other in the event of a schedule change of any kind
• Setting communication guidelines for both parents regarding any major decisions in regards to their children
• Setting up guidelines for the introduction of either parent’s new partners

Working through these matters can be a difficult process, but with the help of a professional, it is not impossible.