Helping Clients Navigate A Course To A Better Future

Who is a custodial parent?

On Behalf of | May 2, 2018 | Child Custody

In North Carolina, when parents go through a divorce, there are a number of child custody structures that can be used to shape the family’s relationships after the parents’ split. In many cases, one parent is considered the custodial parent, especially when they have physical custody of their child most of the time. This can be the case even when the other parent remains actively involved in their child’s life and the two work together as co-parents.

Child custody laws vary in sometimes unexpected ways. In general, the legal determination of who is a custodial parent is made by a family court whether during a divorce or during official custody proceedings for parents who were never married. A single parent who has always cared for their child alone without the other parent may not be considered custodial in the eyes of the law until they make an official filing for child custody. In other cases, both parents may be considered custodial; this is when both parents have true joint physical custody and 50/50 time sharing with their children.

In general, custodial parents have their children for more time, even when the non-custodial parent has a significant amount of visitation time. While being a custodial parent means more hard work with the children, it can also mean heavy involvement in rewarding tasks like providing guidance, nurturing children and supporting them through tough times with school or friends. Most custodial parents are also eligible to receive child support according to the guidelines of the state.

In order to be officially considered a custodial parent under the law, a family court will need to make this determination. A family law attorney may help divorcing parents or those struggling with custody issues to reach a resolution. A lawyer may work to provide strong representation for their client seeking sole custody in family court.

Client Testimonials

A Wonderful Experience

I had a wonderful experience with Kennedy Law Associates. Marsha Kennedy and her Associates were knowledgeable, efficient, and caring. I felt like my case was a high priority to them, and they helped me understand every step of the divorce process throughout my entire case. I would highly recommend this firm to anyone looking for assistance with a family law matter!
Jennifer Haines

Smart, Caring Staff

I am savvy financially, but had no clue about the divorce process. Through it all, Ms. Kennedy and her staff have been there for me and my kids.

The experience you need through a difficult time

Marsha Kennedy and her team has expertly handled each situation and guided me through the process.

Highly Recommend!

Kennedy Family Law did a wonderful job representing me in my divorce. Always responsive and kept me informed – they really cared about me.
Bette Frederick

Highly Recommend!

I have been working with Marsha Kennedy and her team and am so impressed with how my case is being handled.
Kelly Peterson
FindLaw Network