Child custody is probably the most combative aspect of the whole divorce process. As such, highly contested child custody disputes can become very expensive. No one wants to be told when and how often he or she can visit with his or her child, nor do people like the idea of having to work with the other parent in highly contested divorce cases to make for a smooth transition for the children.
North Carolina recognizes two types of custody: "physical" custody and "legal" custody. Physical custody is where the child is physically residing and is determined by examining the "best interests" of the child. In most cases, physical custody is awarded jointly to the parents unless it is shown that joint physical custody is not in the child's best interest.
Legal custody involves the decision-making authority concerning long-lasting significant issues such as education and religious upbringing. Legal custody can be awarded jointly to both parents or solely to one parent.
North Carolina requires that parties involved in child custody disputes attend child custody mediation. This requirement can be waived under these circumstances: one party lives more than 50 miles from court; one of the parties suffers from alcoholism, abuses drugs, or abuses the other party; one of the parties abuses or neglects the children; one of the parties suffers from psychological, psychiatric, or emotional problems.
If you have questions or concerns about your child custody dispute, please contact Rutherford Robertson, P.A. to schedule your confidential consultation so that you can make informed decisions regarding your child's future.
Related services are: child support, mediation, enforcement of court orders, modification of court orders, termination of parental rights.
Rutherford Robertson represents family law clients throughout Concord, North Carolina, including the cities and areas of Kannapolis, Harrisburg, Salisbury, Midland, Albemarle., and throughout Cabarrus County, NC, Rowan County, NC, & Stanly County, NC.