Child Custody Modifications in Charlotte

Child

Going through a divorce is a stressful ordeal. This stress is compounded even more when there are children involved. Even though most custody arrangements are settled by the parents voluntarily or during mediation, this doesn’t mean you shouldn’t consult a legal representative. The idea of losing your children is so emotionally charged that it is good to have an objective voice, one who has dealt with this situation before, to help you avoid rash, and sometimes detrimental, decisions. This is the number one reason a Charlotte family law attorney should be one of your first calls when the issue of custody comes up. In the rare case that you can’t come to an agreement with the other custodial parent, a judge will decide the custody arrangements for you. To find out what the judge will be basing the decision on and for answers to your other child custody questions visit our child custody resources page.
Even after the arrangements have been made, either side can petition the court for a change at any time. The court allows changes for a myriad of reasons ranging from loss of employment to a change in the physical location of one of the parents. The latter is a major concern for military service members, whose predisposition to frequent movement can work to their disadvantage. Congress tried to alleviate this part of the custody law in 2008 when they extended the Relief Act to include child custody cases. Although it temporarily limited a judge’s ability to amend custody arrangements while service members were deployed:

“[ I]t wasn’t enough, [Rep. Mike] Turner, R-Ohio, argues. Judges still have the ability to permanently deny military parents full-time custody rights because of their line of work once they get back to the U.S.

Turner said a typical case plays out like this: A servicemember deploys and temporarily loses full-time custody of a child to the other parent. That civilian parent then persuades the judge to make the ruling permanent based on the military parent’s propensity to deploy in the future.”

This quote was included in an update on the progress of a proposed law to eliminate a judge’s ability to change custody arraignments in cases where one of the parents is an active service member serving overseas, was posted by Charlie Read at Military.com on April 10th. In cases like these it is important to have someone at home to defend your rights. Until this law formally passes, judges can still change your custody arrangements with you in absentia. Even after the law passes there will undoubtedly be appeals to its validity.
The most important asset you have in a child custody case is information. You need to know exactly what the court will be looking for and what your rights as a parent are. The best way to get this information is through an experienced North Carolina divorce lawyer. Because every case is unique, please feel free to contact us to help you give your children the best future possible.