When a divorce disrupts a family’s lifestyle and routines, child custody disputes are often at the forefront. There are decisions to be made about how children will split their time between parents, and exes do not always agree on a schedule.
Here you’ll find an overview of some of the most common custody issues in Charlotte—and discover how a seasoned child custody attorney could help solve them.
The most common custody issue we deal with in Charlotte is who gets primary physical custody and why. Understanding a parent’s motives is of utmost importance here. Sometimes, a parent only wants primary physical custody so they can avoid paying child support.
In North Carolina, parents must provide for their children until they are 18 years of age. Typically, because they are caring for the child more often and spending more money on them, the parent with primary physical custody receives child support payments from the other parent. However, child support may also apply to certain joint custody arrangements (if, for example, one parent’s income is considerably lower than the other).
When one of the parents wants to move with the child out of state, their choice affects the other parent’s visitation rights. However, interstate custody arrangements are possible. The parenting plan can be tweaked to allow the non-custodial parent major holidays, whole or partial summers, and other school breaks. As always, centering the best interests of the child and finding a productive path forward is the goal.
When taking away custody rights, judges analyze many different factors. A parent must file a complaint and clearly state reasons why they feel custody should be taken away from the co-parent. Some questions they may consider include:
Losing custody is not always permanent. If circumstances change, there are ways to modify the legal arrangement and regain custody. A dedicated attorney in Charlotte could help you and your co-parent stay on the same page and avoid common custody issues.
Emergency custody hearings are for situations where a parent has violated an existing order and/or put the child in danger. For example, if a couple with children is living in North Carolina and the mother takes the children to another state without telling the father, the father and his attorney could file for an emergency custody hearing. The mother would have to bring the children back immediately or face legal consequences. The judge may grant a temporary custody to the father until the conflicts are ironed out. It is important to note that disobeying a temporary custody order can impact the final verdict.
Amicable resolution is always the goal when dealing with family legal matters. However, common custody issues in Charlotte and elsewhere in the state can arise that cause co-parents varying degrees of friction. Our trusted legal team has many years of experience helping families navigate complex and emotionally charged topics such as divorce, custody, and child support and could help you and your family work through your situation while preserving your best interests. Reach out today to learn more.
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