Child Custody in North Carolina
North Carolina Child Custody Essentials
One of the most stressful parts of any divorce case involving children is the determination of child custody. Not only is a custody determination a complex legal matter, but the process is often emotionally difficult as well, with both parents deeply concerned about their children’s well-being.
In North Carolina, custody can be defined in two ways:
- Physical Custody: The parent with whom the child lives has physical custody,
- Legal Custody: This refers to the power to make major life choices, especially medical, educational and religious decisions, for the child.
In the past, it was common for children to reside with one parent exclusively and for that parent to have the decision-making power. More recently, courts have recognized that it is important for children to have both parents involved in their lives on a regular basis. Because of this, courts will consider joint custody if either parent requests it.
Understanding How Custody is Decided in North Carolina
North Carolina courts make custody decisions based on what “will best promote the interest and welfare of the child.” They consider all factors relevant to the determination, including “acts of domestic violence between the parties, the safety of the child, and the safety of either party from domestic violence by the other party.” The court must make a factual finding based on these factors.
Unlike some states, North Carolina does not have an extensive list of “best interests” factors for the court to consider. It is essential for parents to have a knowledgeable child custody attorney with extensive courtroom experience who can help present evidence to support this “best interests” standard. Only an attorney proficient in North Carolina family law will be able to present the court with the information it needs in order to make a wise decision.
Smart, Compassionate, Tenacious Child Custody Attorneys
At Sodoma Law, we have a long track record of success with North Carolina child custody cases including custody modifications. Because we concentrate so much of our practice in divorce, child custody, and other issues of family law, we understand this area of North Carolina law and have years of experience negotiating and litigating custody matters.
Because most of us are parents as well as attorneys, we also understand how anxiety-provoking the prospect of a custody battle is for our clients. We are here not only to advocate, but to listen, comfort, support and advise the parents with whom we work. At at time when life may seem out of control, we work to empower our clients.
The attorneys of Sodoma Law strive to help resolve custody matters in the most peaceful and productive way possible, for the well-being of both our clients and their children. We have the tenacity to fight when necessary, but our focus is always on our clients’ needs and what is best for them and their families.
Whether you are faced with an initial custody determination or modification of custody, you don’t need to go through it alone. The attorneys at Sodoma Law work with clients in Charlotte, Mecklenburg County, and throughout Western North Carolina.
We look forward to serving you and your family. Contact us for more information.