Families face many challenges, but no challenges are as tough as when a couple decides to dissolve their marriage. When a couple has a child in Salisbury, NC, this can further complicate an already difficult situation. For couples, there are so many different obstacles they must face in situations of marriage dissolution, including dividing assets, property, and spousal support. Children can find themselves stuck in the middle of these arguments. While every couple wants to settle matters as quickly and amicably as possible, this does not always happen.
If you are facing a dissolution of marriage and you and your spouse have children, you should seek the help of a child custody attorney who can help you keep the child’s best interests in mind throughout the process.
North Carolina law starts any child custody case by granting equal custody rights to both parents. Through mediation or litigation, a judge will make a determination based on the evidence presented and what is in the best interest of the child. However, it is more beneficial for the parents to work through their issues and reach an independent agreement.
An expert family law attorney can help you with the following:
Working through these important issues can be a lengthy and complicated process. However, it is a vital step to ensuring that you and your spouse have considered every aspect of your child custody arrangement.
Child custody is one of the elements of divorce that can be very difficult to work through. What often starts as a productive and goal-oriented discussion can sometimes turn into very heated conversations full of blame. These contentious conversations can be mediated and priorities maintained with the assistance of an attorney.
In North Carolina, child custody disputes are often resolved before the case is brought to court. In this ideal situation, divorcing parents establish the arrangements that govern the child’s living arrangements, visitations, medical care, schooling, etc. Because each family is unique, the arrangements that parents make should meet the needs of their family. There are two specific forms of child custody in North Carolina:
In many instances, one parent serves as the physical custodian while both parents share legal custody. However, circumstances in both parents’ lives play a role in both custodial arrangements. Arrest records, domestic violence, consistent employment, and other considerations of the parent’s ability to provide a safe home for the child are accounted for.
When parents cannot reach agreements on these terms, North Carolina law provides the court with direction to decide what is in the child’s best interests. Generally, judges award joint custody.
Often, there is concern over how the gender of a parent may influence the custody of a child. North Carolina does not give preferential treatment to one parent or another based on their gender.
In addition, because the law is focused on providing the best situation for the child, North Carolina allows grandparents to assume custody of their minor grandchildren if it can be proven that the child’s parents are unfit to continue to have custody. Furthermore, if a child is in the custody of their parent, but the presence of the grandparents improves the quality of life for the child, the grandparents can obtain visitation rights.
Each child custody case is different, and each has a different impact on the cost of an attorney. However, the average cost of an attorney is between $2,500 and $5,000. The total cost of the child custody process can significantly increase if the parents are unable to work cooperatively to finalize the details.
For child custody cases, you are not required to hire an attorney. However, an attorney can help support your case while keeping you focused on the goal of the process. Child custody cases are filled with emotion. An attorney can act as a mediator and a voice of reason. They can also help with:
Attorneys that specialize in father’s rights focus on a multitude of family law issues relating to men, such as:
While there are no preferences in the legal system for gender, father’s rights attorneys specialize in how family law specifically impacts men and fathers.
Yes, there are legal aid options available for low-income parents to help them with their child custody cases. Through several nonprofit organizations throughout North Carolina, there are solutions for those that need legal advice, representation, or legal resources. Your income should not interfere with your ability to get the help you need.
Facing any legal situation that involves children can be emotionally devastating for them and you. Handling the process the right way can minimize the impacts and resolve the issue with the best interests of the child in mind. If you are facing a divorce or need to modify a child custody, visitation, or child support order, get help from a professional and experienced legal team. At The Law Offices of Aimee E. Cain, our team will work with you to reach a resolution that is best for you and your child. Contact our offices today.