As a parent, your child is your top priority. You want to make sure that your child gets the love, care, and support to grow and thrive. There are two main types of custody: legal and physical. Legal custody is the ability to make decisions on behalf of a child. Physical custody refers to where the child resides. In many cases, parents share custody of their children. Sometimes, a parent wants to seek full custody of their child. An experienced family law attorney assists parents with custody matters.
Child Custody Options
Generally, North Carolina courts view both parents equally when it comes to child custody. Both parents provide for their child, and both parents have responsibilities. There are various possible child custody options based on the individual details of the situation.
Joint Legal and Physical Custody
Joint custody is a common custody arrangement in North Carolina. Both parents share physical custody, and both are responsible for making decisions regarding the well-being of the child.
Joint Legal Custody and Sole Physical Custody
Parents share legal custody and are both allowed to make decisions regarding their child’s education, health care, religion, and more. One parent has physical custody, and the child resides with one parent all the time.
Sole Legal Custody and Joint Physical Custody
In this arrangement, only one parent is able to make legal decisions on behalf of the child, while both parents have physical custody.
Sole Legal and Physical Custody
This is what people usually call full child custody. Only one parent makes legal decisions for the child, and the child resides with the parent on a full-time basis.
Can I Seek Sole Custody?
One parent may wish to seek full child custody, also called sole custody, of their child. The reasons why parents want to have sole custody vary from family to family. A parent cannot simply get full custody because they want it. A parent must be able to show that the other parent is not fit or somehow is unable to provide adequate parenting to the child. Some reasons why a parent may seek full child custody include allegations of domestic violence or child abuse, substance abuse issues, severe emotional or physical health problems, or the inability of a parent to provide a stable and safe environment for the child.
Factors the Court Considers for Child Custody
There are many factors the court will consider when determining child custody. Above all, the judge will always consider what is in the best interest of the child when making a decision about custody. The judge considers factors such as each parent’s ability to care for the child, the amount of time a parent can spend with the child, the living situation of the child, the stability of the parent, the child’s relationship with each parent, and the safety of the child while the child is with each parent. The judge will also consider any history of domestic violence or abuse as well as any substance abuse history.
If you wish to seek full child custody, you must petition the court. A knowledgeable family law attorney will help you understand the process and assist you throughout the process. To learn more, contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation.
The family law practice group at Arnold & Smith, PLLC includes four Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.law.cornell.edu/wex/sole_custody
https://www.law.cornell.edu/wex/legal_custody
Image Credit:
https://www.freeimages.com/photo/family-time-1-1312790
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