Child Custody Attorney

In North Carolina, Child Custody is categorized into two types of custody: legal custody and physical custody. Legal custody generally refers to information sharing among parents as well as decision making. Physical custody refers to the time spent by each parent with the child. Most cases involve parents who are granted joint legal custody with one parent having primary physical custody and the other parent having secondary physical custody, in which a visitation schedule is outlined by the Court. Courts award custody according to what is in the “best interests” of the minor child/children. Courts look to see which parent will best promote the child’s well-being; including, but not limited to the child’s mental health, physical health, spiritual well-being and the like. Custody can either be agreed to by the parties in writing in what is sometimes labeled a “Parenting Agreement” or a “Separation Agreement” when the parties are married and are separating. In the event the parties are not in agreement as to custody, a parent must file for child custody with the district court. If no agreement has been entered or order entered, it is assumed that both parents have equal rights to the child/children.

Grandparents and third parties may file for custody in certain situations. In order for a Third Party to obtain custody of a child, he or she must prove that both parents are unfit to have custody and that it is in the child’s best interest that custody be placed with the third party. Grandparents may also file for visitation rights, but only while there is a pending custody action.