While guiding clients through the uncertainty and emotional turmoil of separating from their spouse, questions regarding child custody of any children they share are often the first questions that parents want addressed. Understanding the basics of child custody can help alleviate fears when navigating this challenging period with more confidence.
What is Child Custody?
Child custody refers to the legal rights and responsibilities of parents regarding their children. There are two primary types of child custody: legal custody and physical custody. Legal custody refers to the right of parents to make important decisions about their child’s life, including education, healthcare, and religious upbringing. Physical custody, on the other hand, is what most parents think of when they discuss child custody – it refers to the parents’ physical parenting time with the child and day-to-day decisions that affect the child during said parenting time, including the child’s living arrangements and day-to-day meals and activities.
Types of Child Custody Arrangements
There are several types of child custody arrangements that may be established:
(1) Joint Custody:
– When parents share joint legal custody, both parents have a say in the important welfare decisions that affect the child. This includes both parents having the ability to contribute to the conversation and decision on healthcare choices such as medications or treatments, education choices such as school options, and religious decisions such as the child’s exposure to different belief systems.
– When parents have joint physical custody, the child splits their time between parents. The way that time is divided between the parents is determined on a case-by-case basis – sometimes, the split might be equal time between the parents, or, in other situations, the child may live with one parent the majority of the time while the other parent has the child in a lessor amount of time, such as every other weekend.
(2) Sole Custody:
– A parent who is granted sole legal custody can make all major welfare decisions concerning the minor child without consulting the other parent. This would include said parent having the sole authority to make medical, education, and religious decisions.
– If a parent has sole physical custody, the child lives solely with that parent. The other parent generally has extremely limited parenting time or maybe even no time with the minor child.
Factors Considered in Determining Child Custody
In North Carolina child custody cases, judges are concerned about one thing: the best interest of the child. The Court looks at a variety of factors in order to conclude what kind of arrangement will benefit the child, such as:
(1) Each parent’s ability to care for the child
(2) The caretaking role each parent has taken on in the past
(3) The home environment each parent can provide
(4) The parent’s ability and willingness to work with the other parent or family members for the child’s sake
(5) The child’s ties to home, school, and their community
(6) Any history of substance abuse or alcohol abuse
(7) Any history of domestic violence
(8) Any history of child neglect or abuse
Although a child may express that they want to live with one parent, the Judge will only take into consideration the child’s preferences if the child has a reasonable, rational, and mature reason for said preference. Regardless of the child’s preferences though, if presented with the question of child custody in a Court, the Judge has final decision-making authority.
Establishing a child custody arrangement requires careful consideration and planning, particularly since every family’s situation is unique. An experienced family law attorney can help you navigate the process, explain your rights, and advocate on your behalf.
If you or someone you know wants to learn more about Child Custody, our Modern Legal Team is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Theresa E. Viera
Inspired by her own experiences with domestic violence and the family court system, Theresa E. Viera became the first lawyer in her family, graduating from the University of North Carolina School of Law. She has dedicated her career to helping families find healthy solutions through various legal tools, including negotiations, mediation, collaborative law, and litigation when necessary. With years of experience in Family Law, she strives to inspire others and make a positive impact on the lives of her clients, just as her mother’s attorney once inspired her.
