Child Custody

Your children are important — the most important thing that you have in your life. The divorce process is complicated, and while we know you are concerned about assets and finances, your children come first. We understand.

How Is Child Custody Determined In North Carolina?

Every family is different and so is each parent and each child. While there is no exact formula for determining child custody and who will get primary custody, there are certain factors that courts and judges consider, and we can help you in presenting your case with a clear strategy.

"Won't there just be an even 50/50 division of custody?" is a question we are often asked. The answer is not simple.

The law presumes that unless evidence is presented otherwise, both parents are equally fit. However, there are many factors and things for the court to consider before making its decision. The court will award custody to the parent whom the court believes will promote the best interests of the child. This allows the judge to consider all factors: emotional, physical, moral and even spiritual.

Some of the most important factors the court considers are:

  • Age of the child
  • Home environment
  • Legal proceedings against either parent
  • Siblings
  • Preference of the child (in some cases based on the child's age)
  • Each parent's competency
  • The amount of time the parent can spend with the child

Contact us to help you in preparing a strategy that will not only ensure your visitation or custody rights but also ensure that your children's best interests are placed first.

Sole Vs. Joint Custody

Sole custody means that one parent will generally have all or most of the authority for decision-making, whereas joint custody means both parents will have input and shared authority.

Primary Custody And Secondary Custody

Often we find that clients place a lot of value on being considered the primary custodian of the child. However, primary placement is determined by how many nights each parent has custody. Since there are 365 days in a year, one parent will have to be the primary and one the secondary. We remind clients that your child most needs you as a parent EVERY DAY whether you are there or not. Your child or children will not care nor will they remember if you were a primary or secondary custodian. Your child will remember each and every moment you create with them.

Perspective is important, and we realize that you want to spend as much time as you can with your child, and we will work hard to make sure you have those opportunities to make memories with your child.

Contact us at 828-564-1321 to set up a consultation and let's create a strategy.