Waxhaw Child Custody Attorneys

Legal Custody Vs. Physical Custody

It's important to understand the difference between physical and legal custody as you move towards your custody battle.

Physical custody defines your right to have your child under your physical care. Generally, this means a parent's right for their child to live with them.

Legal custody defines your right to make decisions about (or for) your child, such as what medical and dental care they get, where they're educated, what cultures and religions they're exposed to, how they're disciplined, etc.

Typically, courts prefer to award parents with a joint custody arrangement. In a joint custody arrangement, both parents have physical custody, although not always equally. For example, if your child lives with you 55% of the time and your co-parent 45% of the time, you still have a joint custody arrangement. Whichever parent the child lives with a majority of the time is the "custodial" parent and has primary physical custody, and the other parent is "noncustodial" and has secondary physical custody.

Parents who are on good terms or believe each parent should play a significant role in their child's life often try to establish an equal custody arrangement. In an equal child custody situation, each parent spends the same amount of time caring for the child.

In contrast, it's also possible for one parent to get sole custody of the child. This often happens when the court deems that only one parent is fit to act as a caregiver for the child. In sole custody arrangements, the parent without custody may be able to obtain visitation or supervised visitation rights so they can still see their child.

How Do I File for Child Custody in North Carolina?

To begin your custody case in North Carolina, you must file a custody complaint with the appropriate county court. A custody lawyer can help you file your complaint successfully. You can file a custody complaint either at the same time you file for divorce or at a different time depending on the circumstances of your case (many spouses take care of the custody process while separated since North Carolina requires couples to separate for at least a year and a day before they can obtain an absolute divorce).

After you file your complaint, you must serve it to your child's other parent. Using a sheriff or certified mail carrier is usually the best way to serve the other party.

In most cases, the court requires parents to attend the Child Custody and Visitation Mediation Program before allowing them to continue a custody battle in court.

How Does Mediation Work In North Carolina?

During mediation, both parents will attend an orientation class that covers the ins and outs of the mediation process and prepares them for life as co-parents. Afterwards, a mediator will work with the parents for up to two hours. The mediator tries to facilitate a mutually beneficial compromise between parents. It's important to note that mediators cannot give legal advice.

During mediation, you'll negotiate with your co-parent on various topics, including:

• How you want to handle physical custody (do you want to share time equally, should one parent get physical custody, what days of the week will your child spend with each parent, etc.).
• How you want to take care of special circumstances (what happens when you go on vacation, how do you split time on holidays like Christmas and Thanksgiving, etc.).
• How you want to handle legal custody (what health insurance the child receives, where they go to school, how you'll share those expenses, etc.).
• Boundaries you want to share for the child (academic boundaries, behavioral boundaries, disciplinary boundaries for the parents, etc.).
• Anything else you think is important (how the parents should behave towards one another, terms for modifying the custody order, etc.).

If you and your parent agree on terms for your child custody arrangement, you can work with your lawyer and mediator to develop a Parenting Agreement, which both parents must sign.

A court will then examine the parenting agreement to ensure it's legally sound. If the judge presiding over the case approves the agreement, they'll sign it, finalizing the custody order.