Child Custody Attorney in Monroe, NC
Child custody disagreements can become fraught quickly, turning parents against one another. If you are vying for custody, you need an attorney you can trust to fight for your rights as a parent and the best interests of your child or children. Attorney Zach Jackson is just that. For over a decade, he has advocated for families in Monroe and throughout Union County. He is capable of helping you navigate your custody case. Schedule a consultation to discuss your situation and what Attorney Jackson can offer.
Call (704) 734-9828 or message our firm online.
Do Custody Cases Always Go to Court?
No. In North Carolina, parents will typically work to reach a custody agreement in mediation. This process could be separate or concurrent with a divorce and will involve discussions and negotiations with a neutral, third-party mediator. If mediation is unsuccessful or parties believe the outcome is unfair, a court will determine a custody arrangement.
It is important to note that parties participating in mediation will not have their attorneys present during discussions. However, having a lawyer review a potential agreement and assist in preparation for mediation can be beneficial. A trustworthy Monroe child custody attorney can provide guidance and help avoid unfair agreements.
How Does North Carolina Determine Child Custody?
Our state’s courts attempt to serve a child’s best interests when determining custody agreements.
To do so, they consider:
- Either parent’s ability to provide financial and emotional support.
- The child’s relationship with their parents
- The quality of living situation of both parents
- Other factors that could affect the child’s well being
A child can also express their opinions on custody agreements in certain circumstances. For a judge to permit a child to testify, they will first confirm that the child is mature enough to make good judgments and recognize the importance of being truthful before the court.
Legal Custody, Physical Custody, and Visitation
A custody order will determine whether parents have sole or joint legal or physical custody. It will also outline visitation rights.
Below are details about these three things:
- Legal custody: This is the right of a parent to make educational, health-related, and legal decisions for a child. It can be shared by parents or only granted to one.
- Physical custody: This determines with whom a child lives. Many arrangements feature shared physical custody, meaning a child will spend periods at both parent’s residences.
- Visitation rights: These are the rights that parents have to spend time with a child. Visitation schedules are unique to every set of parents and their child’s needs.
Temporary vs. Permanent Custody Orders
Temporary and permanent custody orders are just as they sound. Temporary orders have an expiration date by which a court will establish a new temporary order or consider instituting a permanent order. On the other hand, permanent custody has no end date.
Despite its name, a permanent custody order is not set in stone. Parents can petition to modify these orders. To do so, they must demonstrate how a significant life change necessitates a new custody arrangement. Or they can show evidence of the other parent violating the existing custody order.