Standing By Your Side In Custody Cases
No one suffers more during the divorce process than children. Like their parents, their lives are about to change forever. Unlike their parents, children do not always understand why this is happening or how it will affect their relationships with their parents. Child custody was designed to answer these questions in a way that supports the best interests of the child.
At Miller & Audino, LLP, our lawyers have more than 50 years of experience soothing this worry as we help parents in Greenville, Pitt County and surrounding communities as they develop a custody agreement. This can be as part of a divorce or between parents who have never been married or even in a relationship.
Protecting The Best Interests Of Your Children
Due to the fact that our relationships with our children can be more complex than words can describe, it is common for each parent to worry about the future of this relationship as they work toward achieving a custody arrangement, whether resolved by agreement of the parents or by an order of the court, beneficial to themselves and their children.
In North Carolina and across the country, child custody is broken into two designations:
- Legal: Who holds the decision-making rights
- Physical: Where the child will live
Depending on what is right for your child, a judge may rule in favor of shared custody, joint custody or sole custody. Visitation may also be awarded in situations that require limited contact with a parent.
One parent may be considered the primary caregiver while the other as secondary. Designations aside, we are ultimately focused on obtaining a custodial arrangement, be it by agreement or court order, that supports the development of your child, protects your interests as a parent, and aids your child in maintaining close, healthy, and proportionate contact with each parent.
Frequently Asked Questions About North Carolina Child Custody
Custody issues can impact your entire family. You need to understand your rights and the basics of state law to ensure all custody decisions serve the best interests of your children.
Can unmarried parents establish a child custody agreement in North Carolina?
Yes, unmarried parents have the same essential parental rights and responsibilities as married parents. Typically, unmarried mothers automatically have legal and physical custody after birth. However, fathers usually must establish paternity to legally share in child custody. Parents can cooperate to establish paternity, or the process may involve court proceedings and genetic testing. Once the state recognizes parentage, the parents have the option of setting their own terms or litigating to establish a custody order.
What is shared custody in North Carolina, and how does it work?
Shared custody, sometimes also called joint custody, requires the involvement of both parents in the lives of their children. Parents share physical custody or parenting time, as well as legal custody or decision-making authority. They can share physical custody by establishing a schedule and regularly exchanging custody of their children. Sharing legal custody requires regular communication about the children and cooperating to make major decisions. Both parents typically have authority to make minor parenting decisions during their scheduled parenting time.
Can I modify a child custody order in North Carolina?
Yes, you can modify an existing North Carolina custody order. You can accomplish this by cooperating with your co-parent and submitting paperwork to the courts. If you do not agree about the need for a custody modification, you can pursue a litigated or contested custody modification. Uncontested modifications are an option at any point, but contested modifications require proof that there has been a significant change in circumstances and that the proposed change is in the best interests of the children.
How do I file for child custody in Pitt County?
If you do not currently have the custody order in place, you may need to file a complaint for child custody at the Clerk of Superior Court at the Pitt County Courthouse in Greenville, pay a fee and serve the other parent. If custody litigation is necessary, you may need to attend mediation with the other parent of your children before you can schedule a hearing in family court. You may need legal guidance through each step of this process to avoid common pitfalls.
To Learn More About Miller & Audino, LLP, Contact Us
To learn more about how our child custody attorneys can help you, email us or call us at 252-493-6138.