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.
Court orders are typically more expensive to obtain upfront, but easier and less expensive to enforce down the road than a contractual agreement. However, court orders can also be more difficult to modify than a contract for custody. 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. Some families have visitation schedules that are structured to one night a week and every other weekend from Friday evening through Sunday evening, with alternating holidays and two to four weeks during summer vacation. Other cases may warrant a schedule where the parents alternate weekly periods with the child/children. Each case is different and a schedule will be determined based on what is in the best interests for the child/children.