How Custody Is Handled in Greensboro Family Court
In a perfect world, a divorcing couple would be able to agree on the terms of their child custody arrangement without going to court. If, however, you and your ex-spouse cannot reach an agreement on this matter, a judge will need to step in. Child custody battles are stressful and contentious for everyone involved, especially the kids.
Unfortunately, when a judge determines your custody arrangement, you don’t have a lot of control over his decision. When deciding who the children should live with and what the non-custodial parent’s visitation schedule will be, the judge will always take the child’s best interests into account.
At the law office of Stephen E. Robertson, PLLC, our North Carolina child custody lawyers can help you show the judge that you are the best choice to promote and protect your children’s best interests. We have more than two decades of combined experience collecting and presenting evidence specifically tailored to the issues that a judge will consider when making his decision.
North Carolina Child Custody Laws
North Carolina laws outline the guidelines and procedures for appointing custody of a child. Anyone seeking custody can initiate legal action by filing a complaint with the court. The parameters most judges use to decide the custody of a minor child include:
The Child’s Best Interests
In a North Carolina child custody case, one of the most important aspects a judge will take into account is what is in the best interest of and best provides for the child’s welfare. Each judge is unique and uses different parameters to define “best interests and welfare”. How big a role each factor plays in their decision, and whether they feel the children will be better with one parent rather than the other, is down to the judge
The judge may also consider anything that could impact the children’s physical, mental, emotional, or moral development. The judge will examine multiple factors, like:
- The children’s age
- Whether the children have a preferred parent
- The ability of each parent to provide for the children
- Which parent offers a safer and more stable home life
- How much time each parent has to spend with the kids
Parents’ Custody Rights
All parents are entitled to custody of their minor children. No one is allowed to impede on those rights unless doing so is in the children’s best interests.
Biological parents have priority over relatives in North Carolina child custody proceedings unless a parent’s ability to care for the children is called into question.
The judge may opt to award custody to a relative if they think it will be more advantageous for the children than living with their natural parent. It is worth mentioning that, in order for a court to do so, circumstances must be dire, as almost all custody battles are between the children’s natural parents rather than one parent and one family member.
The Children’s Wishes
A lot of states use specific criteria, such as each parent’s finances, to settle child custody disputes, without giving any consideration to the children’s preferences. Fortunately, North Carolina courts are allowed to take the children’s wants into account.
Provided that the child is of an appropriate age and has the mental capacity to exercise discretion, their wants for their custody arrangements can hold significant sway. However, the judge is not obligated to rule in favor of the chosen parent.
The Court’s Discretion
Child custody disputes are decided by a trial judge rather than a jury. The judge will examine the material evidence supporting each parent’s claim for custody, question witnesses, and evaluate other factors they feel are necessary to determine who should be awarded custody.
Learning about the judge handling your case can give you some advantages. If you can work out how the judge usually weighs the factors in child custody cases before your trial begins, you can use that knowledge to increase your odds of a favorable result.
Speak to a North Carolina Child Custody Lawyer
At the law office of Stephen E. Robertson, PLLC, we have seen firsthand how emotionally draining child custody disputes are. If you and your former spouse are unable to settle the matter on your own, your case may have to go to court.
The best way for you to protect your rights as a parent is to reach out to our skilled North Carolina child custody attorneys. Call us at (336) 370-6760 or fill out our online contact form to schedule a case review. We can answer any questions you may have about North Carolina custody procedures and laws, and advise you through each step of the legal process.