Fundamentals of Child Custody
In this blog post, we will be talking about the Fundamentals of Child Custody, because it’s the most crucial choice you will have to make when going through a separation or divorce is how to handle custody. For many parents, the idea of their child(ren) not sleeping at home with you every night is difficult to accept.
Parents frequently find themselves inquiring the following:
1. How should I proceed?
2. What ought I to consent to?
3. What does “typical” mean?
4. What usually functions best?
5. How can I make sure that my kids are happy, healthy, safe, and educated in this new world where there are two households?
Achieving a Custody Settlement
The majority of the time, reaching a mutually agreed upon solution between the parents that addresses custodial time and promotes efficient co-parenting is the best course of action when it comes to child custody.
We help you to know, create and present feasible custodial schedules, even though no agreement is flawless. By applying our wealth of knowledge and experience, we try to solve issues early on to save headaches later on.
Developing a Custody Agreement with My Partner
We collaborate with you to ensure that any custody arrangements you and the other parent decide on are realistic and will help you achieve your objectives in the coming months and years.
We recommend strategies for:
1. Physical timetables for custody
2. Holiday timetables
3. Transportation Education
4. Guests staying overnight.
5. Decision-making in education
6. Activities outside of the classroom
7. Getting to and from extracurricular and educational activities
8. Communicating via phone and other means
9. Availability of phones
10. Issues with relocation
11. Keeping the parents’ criticism to yourself
12. Reaffirming the future role of every parent
13. Parties’ subsequent marriages
14. Access to educational and health records
15. Making decisions in the medical field and a plethora of other, less obvious fields
Although not all of these problems are addressed or resolved expressly in agreements, clients are free to include such clauses if they so desire. Negotiate with your spouse or their attorney, or your attorney will draft a comprehensive, signed custody agreement for your spouse. If necessary, s/he will also assist with mediation, settlement conferences, or going to court. Not every time can an agreement be reached. If a settlement cannot be reached or the other parent is deemed unfit to have any meaningful custody time at this time, your experienced attorney will take the case to court in order to protect your children’s safety and welfare.
Approach that are used entails:
1. Thorough planning
2. Powerful demonstrations and proof
3. Well-prepared witness testimony.
4. Persuasive court arguments
5. Lastly, providing the court with plans that is believed to be the best interests of the child.
Good Strategies for Winning Child Custody Cases
Among the efficient ways to resolve custody disputes are:
2. Arbitration and mediation
In North Carolina, parents must attend a mandatory mediation program if their case does not resolve before filing for litigation. Mediation frequently involves compromise and help parties reach a settlement. In certain situations, we recommend a private mediation in which a qualified mediator works with the parties and their legal representatives to find a workable solution.
Similar to a private court hearing, arbitrations are usually less formal and confrontational. In arbitration, there is a professional arbiter who, like a judge, will hear arguments from both sides and consider all relevant evidence before making a ruling.
An arbitrator hears only your case, follows the rules established by the parties, and renders a decision according to a timeline agreed upon by the parties. This is the primary practical distinction.
Parenting agreements are the method of settlement.
Parenting agreements, which can be reached through negotiation, mediation, or other means to reach a mutually agreeable resolution outside of court intervention, are legally binding contracts based on the parties’ agreement regarding child custody issues.
By handling your child custody disputes in this manner, you can improve your co-parenting relationship with the other parent and save money by avoiding the need to go to court. The two parents can cooperate to achieve a common objective if they frame the issue in terms of what is best for their kids rather than as a competition.
Frequently Asked Questions About Fundamentals of Child Custody
1. Should Going to Court Be Your Only Choice?
Unfortunately for some, a court hearing is required to resolve this issue. Even if this applies to you, there are strategies that can be used to safeguard your child’s best interests while reducing the psychological and financial toll that a contested child custody case takes.
2. What is Parenting Agreement?
Parenting agreements frequently work well when it comes to decisions involving schools and other outside organizations.
3.What Issues Do Parenting Agreements Have?
The biggest flaw in a stand-alone parenting agreement is that it can’t be enforced or recognized by the police or courts. Dealing with such agreements’ infractions is also challenging.
In other words, if a judge decides a Parenting Agreement is not in the best interests of a minor child, the court has the authority to overrule or disregard it. Parenting agreements that are not incorporated into or adopted into a court order are generally not enforced by law enforcement.
4. And what Happens If You Disobey a Court Order?
When someone disobeys a court order, they may be found in contempt of court, which carries jail time and other penalties. Custody Consent Orders are also highly advised in situations where one or both parents abuse drugs, have a history of abuse or neglect, could result in the other parent moving, or simply when we don’t trust the other parent to follow the terms.
5. What distinguishes physical custody from legal custody?
Physical custody is concerned with the child’s place of residence, whereas legal custody entails decision-making authority for the child’s upbringing.
6.Do kids get to vote on who gets custody?
Older kids may voice their preferences in certain situations, but how much weight is given to them depends on the jurisdiction and how mature the kid is.
7. Is it possible for grandparents to obtain custody rights?
Grandparents may petition for custody or visitation rights under certain circumstances, though each jurisdiction will handle these differently.