When parents divorce, it is vitally important to learn about the child custody and visitation options that are available and the legal standards that apply. In many cases, divorcing couples can ultimately agree on custody and visitation issues without the need for a court order. When an agreement cannot be reached, though, knowledgeable advice and representation from a family law attorney at Knox Law Center in Charlotte, NC, can make a huge difference.
The duty to provide the day-to-day care for a child and the right to direct the child’s daily activities is known legally as physical custody. Legal custody, on the other hand, deals with the making of decisions regarding the child’s upbringing.
There are many options available to divide the custodial rights and responsibilities between divorcing parents. More and more, courts are encouraging parents to continue working together to raise their children even after their marriage has ended. This is known as “co-parenting,” and child psychology and development experts agree that having a quality relationship with both parents who are able to collaborate effectively is wholly beneficial for the children involved.
Custody arrangements sometimes include one or more of these options:Divorcing couples should tackle custody and visitation issues as soon as possible upon separation, or even beforehand. Courts generally honor both short-term and long-term custody arrangements agreed to by parents. When couples cannot agree on custody and parenting time, procedures exist throughout the divorce process to resolve these conflicts.
Common procedures used to resolve custody issues include:Once the issues of custody and visitation have been resolved, either by the court or the by agreement of the parents, specific procedures must be followed before significant changes can be made to the arrangement. If the parents reached their agreement through mediation, they may have to go back to mediation to make future modifications. If custody was established by a court order, the parents must typically petition the court to make any modifications. In order to support a request for a change to a custody or visitation arrangement, the parent seeking the modification must show a substantial change in circumstances. Some courts will only consider a request for modification within a certain number of years after the original custody determination, but courts will almost always consider a request for modification if there is a showing that the child is endangered by the current custody arrangement. Some states place residency limitations on requests to prevent parents from “shopping” for a friendly ruling in a different jurisdiction.
The resolution of child custody and visitation disputes requires parents to act rationally and in their child’s best interests at a time when they are facing the overwhelming stress of divorce. Advice from a family law lawyer at Knox Law Center in Charlotte, NC, can help you to understand your options and to make a plan that will serve the best interests of both you and your children.
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