Child Custody - Letting the Court Decide Custody

If one or both parents are unable or unwilling to come to agreement, a court may decide how the issue will be resolved. The welfare of minor children is of major concern to the court.  Property rights and welfare of the adults involved is secondary.

The court bases custody decisions on what is in the best interest and welfare of the children. The court considers a variety of factors in making its determination, including domestic violence, drug and alcohol problems, and the safety of the child. There is no presumption that one gender is better suited to have custody. Judges also look at the relationship between parents and children to determine which partner is the most involved in the child's life. It is possible that custody may be awarded to a non-parent, but there is a very strong presumption that the child should be with a parent.

In North Carolina, there are three types of child custody:

• Temporary - A couple can determine for themselves who should have custody without the law interceding. Both parents can assume temporary custody at the time of separation. However, if one spouse is deemed unsuitable in the eyes of the law, an attorney can file a petition on behalf of one spouse for temporary custody. Final custody arrangements will not necessarily be the same as temporary custody arrangements.
• Legal - This gives one or both parents the right to make legal decisions for the child regarding education, health care, religion and his or her general welfare. Sole legal custody is when only one parent can make these decisions. Joint legal custody awards that right to both parents.
• Physical - This is where the child resides. Sole physical custody is when a child lives with one parent, and the other has visitation rights. Joint physical custody occurs when a child is able to reside with each parent for a substantial amount of time during the course of a calendar year.

In custody actions, witnesses are important. Anyone who can testify to your abilities as a loving parent, such as schoolteachers, neighbors, friends or family may be able to favorably influence the judge's decision. To prepare your strongest case, consult with a family law attorney at Haas McNeil & Associates, P.A. We have the knowledge and commitment to represent you in child custody matters.