The area of family law is one of the most challenging because the people involved care deeply about one another and the situations are complex. We can provide you with the practical advice and reliable insights you need to make the tough decisions ahead. We understand the law and also the emotional challenges unique to this area of the law, and we respect and value the trust you place in our team to help you navigate this process.
What will the custody process look like?
The custody process can vary based on your situation. Parents are often able to come to an agreement outside of court, potentially with attorneys, in which case the agreement will be reviewed by a judge and then will be made into a formal court order.
If the parents cannot reach an agreement, a judge might order mediation. If there is a history of abuse or you are afraid of the other parent, mediation would likely not be appropriate, and the judge should be made aware.
If an agreement cannot be reached and mediation is not appropriate or successful, a trial will take place in which evidence and witnesses are involved in presenting the case. At the end of this process, the judge will make a decision on custody and other terms for the custody order.
What is the difference between legal custody and physical custody?
Physical custody determines where the child has a residence, whether full-time or split between parents. Even if physical custody is solely granted to one parent, the child may still visit the other parent. Legal custody determines one’s right to make major decisions on behalf of the child, including medical, educational, and religious decisions. Shared legal custody requires both parents to be involved in the decision-making process and to reach an agreement beforehand. Both types of custody can be shared by both parents or granted solely to one.
Do I need a lawyer to file for custody?
You can file for custody without a lawyer; however, child custody can be a complicated process with various factors considered by the court, and it also involves what is most important to you as a parent: your child’s well-being and future, and your relationship with them. There can be a lot of emotions involved in your situation, and having an experienced lawyer you can trust could help reduce your stress and anxiety through this process.
Call us today to schedule a free consultation, and let us talk through the specifics of your situation and how we can help you get to where you need to be.
For further information, visit the NC Courts website on Child Custody.
