Union County Divorce Attorneys
Divorce can have a lasting effect on the lives of children. At Kennedy Law Associates , in Charlotte, North Carolina, our lawyers are here to help you resolve conflicts over child custody and visitation in a manner that seeks to put the best interests of the children first.
Legal and Physical Child Custody
There are two types of child custody in North Carolina:
- Legal custody, which is the right to make important decisions for your child on issues such as education, medical care and religious upbringing
- Physical custody, which is where your child will live
Both parents typically have joint legal custody of children after divorce. Physical custody can be joint as well, although one parent usually has primary physical custody. The other parent has overnight visits according to a negotiated schedule.
North Carolina courts generally believe that young children need to spend more time with mom. However, the schedule can change as the child gets older. When the parents' work schedules permit, courts may provide as much visitation as possible, up to 50-50 custody.
Who Can Seek Child Custody?
In North Carolina, any parent, relative, or other person, agency, organization or institution claiming the right to custody of a minor child may institute an action or proceeding for the custody of such child. N.C.G.S. 50-13.1.
In making the determination, the court shall consider all relevant factors 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 and shall make findings accordingly. An order for custody must include findings of fact which support the determination of what is in the best interest of the child. N.C.G.S. 50-13.2.
Can I Get Sole Custody of My Children?
Unless a parent is unfit, or there is a history of domestic violence in the home, sole custody is not a realistic goal in North Carolina. Courts believe it is in the best interests of children to have frequent and loving contact with both parents.
Our lawyers believe strongly in the mediation and collaborative law process to help parents amicably resolve child custody and visitation issues. Each situation is unique, and we will work hard to find the right solution for each of our clients.
Our lawyers also provide parent coordination services to help you resolve conflicts that may arise after your divorce.
For More Information About Child Custody
For more information, or to schedule a consultation with our Charlotte child custody lawyers, call 704-512-0619 or complete our contact form.
