North Carolina Divorce Law – Raleigh Divorce Lawyer
Divorce Laws, Forms, Calculators, and Family Law Help
Quickly find the answers you’re looking for as it pertains to Child Custody in North Carolina.
These child custody frequently asked questions are the ones our law firm receives most often. Some may be top of your mind as you go through you separation, others are questions you may have never considered before. “Do I have to go to court to resolve custody issues in North Carolina?” Many parents are relieved […]
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You and your spouse can decide which of you will have custody of your children. If you are unable to resolve this question, then a court will resolve the issue of custody for you. Judges consider a variety of factors in determining which parent is entitled to custody including: the age of the child the […]
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Even where there has been an amicable settlement on the issue of a child’s principal residence, parents can get hung up on terminology. One parent insists she wants “sole custody” and the other parent fights to include the phrase “joint custody” in the written agreement. This fight over language is often less important legally than […]
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Rosen Law FirmNorth Carolina Divorce Lawyers If I have joint custody, do I still have to pay child support? Yes. Joint custody doesn’t negate a child support obligation. Even if both parents share custody on an equal basis, one parent will inevitably owe some amount in child support. Unless of course both parents earn exactly […]
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Although many clients think they can tie child support payments to visitation privileges, it is important that you understand that the one is legally independent of the other in terms of either unilaterally withholding support or suspending visitation. Thus, for example, if one party has not received the appropriate child support payment, he or she may […]
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Your spouse’s discovery of your interest in another woman or man (as the case may be) could unravel a settlement as to custody. The sudden or unexpected “insertion” of another “parent” figure in your child’s life is often experienced as a threatening disruption by the child’s other biological parent (or your spouse’s own parents); and […]
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Wishes of the Child Our North Carolina cases provide that the wishes of a child of “sufficient age to exercise discretion” are “entitled to considerable weight” in a custody case but the child’s wishes are not controlling. Although other states hold to various ages at which the child’s testimony on this issue becomes relevant, the test […]
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Please refer to our article on Grandparents’ rights for the answer to this question.
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Of the many issues in domestic law, child custody is perhaps the most emotionally charged. For this reason, it can also become the most expensive sort of litigation that might result from your separation. In most cases, however, couples are able to compromise on custody without forcing this issue into court. In fact, in more than […]
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If custody goes to court, you should keep this in mind: the focus on the best interests of the child in determining with whom your child will reside in essence forces the court to direct its attention principally to you and your spouse The court, therefore, will carefully examine your conduct in the past and, […]
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