There are two main types of child custody in North Carolina. These are:
Both parents generally have joint legal custody so that they can make decisions involving education, religion, and healthcare. Our child custody lawyer will explain these issues in more detail when you have a consultation.
Physical custody may be determined using several factors:
Younger children are more apt to remain in the care of the parent who has been providing the most consistent care.
It is unusual for a parent to be denied visitation with their child. In situations where the parent has been deemed unfit, however, the court will decide visitation on a case-by-case basis. A parent may be considered unfit only for a handful of reasons, such as if the parent is a convicted felon, drug or alcohol dependent, or has been convicted of harming a child.
To be denied visitation, a parent must be proven unfit to care for their child. This can be difficult and complicated because, in some cases, there simply isn’t enough proof available due to reasons such as the parent not being found guilty of a crime.
The court will review the various issues involved in the case to decide how to resolve it. Sometimes the answer is supervised visitation. Supervised visitation requires one parent to have another neutral party with them at all times during a visit. This can make visits safer and less worrisome; however, it can also prove to be more complicated. Sometimes, a parent may be allowed limited visits, and sometimes, overnight visits are denied.
We welcome your questions and want to understand your situation to help you move forward and achieve the peace of mind that comes with having everything done properly and efficiently. Call our law office at (910) 769-7339 with questions and a description of your situation to see if we can assist or schedule a consultation. Or you may simply fill out the form above on this page. Your form will be directly emailed to our office, and you can expect a reply within one business day and often within hours of the same day. All information you share is confidential.
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