How Custody Is Determined
In the State of North Carolina, the law provides that custody determinations are to be decided by looking at what is in the best interests of the child/children. There is no presumption by the court that a mother or a father will better promote the best interest of the child.
Lawsuits are often filed because spouses or parties with a child in common cannot come to an agreement on child custody issues and/or one parent is seeking child custody or visitation rights.
At a hearing, witnesses will be called, and evidence will be presented to the judge to assist him or her in determining what is in the best interests of the child/children. The court takes many factors into consideration when determining where, and with whom the minor child/children should reside. Call Jamie Vavonese today to schedule a consultation and discuss the issues and intricacies of your child custody case today.
Parties are not required to file a lawsuit to resolve their custody issues. In any case, parties can agree to a custody agreement that works best for them. Child custody agreements can be a contract between the parties or it can be a formal agreed upon court order.
There are positives and negatives to either a contract between the parties or a formal court order. Vavonese Law Firm and Jamie Vavonese can help you decide the best route for your particular custody situation.
During proceedings, the court will determine physical and legal custody between parents. Physical custody means that your child/children primarily live at your residence, while legal custody gives a parent the right to make medical, educational and religious decisions regarding the child/children. It is common for parents to share joint legal custody; however, it is not absolute.
Visitation schedules are determined after taking a variety of factors into consideration. The goal of a visitation schedule is to promote the best interests of the children. There are many ways to structure a visitation agreement taking into consideration factors such as- parents work requirements, the children's schooling, proximity of parents to one another, vacation and holiday traditions and most importantly the specific needs of the children. Each case is different and a schedule will be determined based on what is in the best interests for the child/children.
Contact Jamie Vavonese to set up a consultation to discuss your family and children's needs.