One of the most difficult issues faced in a divorce is child custody. Custody centers around two key issues: legal custody and physical custody. Legal custody defines the right to make decisions for the child(ren) regarding their overall welfare, medical care, education, and others. Physical custody involves where the child resides. Both aspects are stipulated in formal agreements and authorized via a court order.
Graber Law Firm represents parents living in Raleigh and Wake County in all aspects of child custody and visitation, including:
• Primary custody
• Joint custody
• Visitation Rights
• Custody Enforcement Actions
• Custody/Visitation Modification
How is Child Custody Determined?
Like most courts in North Carolina, Wake County Courts favor custody arrangements where both parents play a role in the child’s life. In determining custody, the Court attempts to reconcile differing parenting styles, the child’s individual lifestyle needs such as school, friends, sports, etc., with the concept of promoting positive co-parenting and favoring as little disruption as possible. The Court considers a range of factors, including:
- The current residence of the child
- Each parent’s ability to provide for the child
- The child’s relationship with both parents
- And any history of marital misconduct, such as substance abuse or child neglect.
Types of Child Custody
There are three types of child custody:
- Joint Custody: Both parents share the right to make decisions for the child(ren) regarding their overall welfare, medical care, education, and others similar to if the parents were still together.
- Primary/Sole Custody: In this arrangement, the child(ren) are placed with one parent and that parent has decision-making authority on behalf of the children The other parent has rights to visitation as determined by the court.
- Shared Custody: This style features the children spending equal amounts of time between both parents. It presumes close living proximity, and open, collaborative communication between both parents. Decision-making regarding the interests of the child is also shared.
Visitation Rights & Schedules
Parental Coordination - This process is designed to help high-conflict divorcing or divorced parents pursue child-centered decisions in reference to their care. By utilizing a case management approach, the family’s progress is monitored to ensure they are complying with court orders, and that both parents are fulfilling their parental obligations. In certain cases and with prior approval of the parties or by a formal order of the court, a Parental Coordinator may make temporary decisions consistent with the scope of a court order or appointment contract.