Navigating a Child Custody Case in North Carolina

Every family law case is sensitive. The issues of a family law case involve the most intimate details of a person’s life. This is especially true when a family law case involves child custody.

Child Custody is the claim brought by a parent in their family law case when asking the court to determine the physical and legal custody of their child between the parents. The standard (or guiding star) for the Court in any custody case is what is in the minor child’s best interest?

What is Physical Custody?

Physical Custody is what most people think about when they think about custody. It is where their child is residing on any given day. In determining what physical custody schedule is in a child’s best interest, a Court looks to factors, including:

·         What did parenting responsibilities look like before the case was initiated?

·         Are there specific safety concerns about one or both of the parents? Does either parent have substance abuse issues or mental health concerns that could impact their ability to provide a stable home for the minor child?

·         What type of schedule does each parent think is in the minor child’s best interest?

·         Where does each parent reside?

·         What type of accommodations does each parent have for the minor child at their residence?

If the parties cannot agree on a physical custody schedule, a Court will have to make the determination of what physical custody schedule is in the minor child’s best interest.

What is Legal Custody?

Legal Custody is which parent has the right to make decisions regarding issues of lasting importance for the minor child. Examples of these types of decisions, include:

·         What school will the minor child attend.

·         Major decisions regarding the minor child’s medical treatment.

·         The religious upbringing of the minor child.

Legal custody decisions are different than day-to-day decisions, which are often times made by each parent during their respective custody times.

Custody cases are stressful. They are oftentimes the most contentious part of a family law case. It is imperative that you have someone on your side to help you navigate a child custody case. Our team at Carter & Noland is well versed in handling all types of custody matters and will have your back during the most stressful time of your life.