Child custody is often the most litigious aspect of all family law issues. With this in mind, the attorneys at Mercogliano & Associates, PA take their involvement in any of these cases very seriously. There are two types of child custody in North Carolina:
• Legal Custody refers to the right and responsibility to make decisions for your child and to access major records, whether educational or medical, for your child. Most of the time, parents in North Carolina have joint legal custody of their children; and
• Physical Custody refers to questions concerning where the child will live and the amount of time each parent will spend with the child. In some cases, one parent will have primary child custody and the other parent will have visitation rights. In other cases, the parents will share joint physical custody of their children.
Generally, parents are mostly concerned about physical custody. Parents are rightfully concerned about the well-being of their children and how a custody schedule will affect them.
Many times parents are able to agree amicably as to how they will raise their children in two separate households. However, when parents cannot agree on a child custody and visitation arrangement, the court will refer you to mediation. The court may waive the mediation requirement only when there are issues of domestic violence and drug abuse, or one of the parents lives more than fifty (50) miles outside of the jurisdiction. The North Carolina Administrative Office of the Courts (AOC) provides a free mediator to preside over custody discussions. If the parents are able to come to a decision during mediation, they will create a parenting agreement. It is important, however, to have a lawyer review this agreement before you sign it. After the judge signs this parenting agreement, it becomes a court order. If you and your spouse cannot come to a resolution on child custody during mediation, you may have a hearing before a judge.
Child custody issues also arise when grandparents, other relatives, or other parties with strong bonds to the children are involved. The law of child custody does not limit its protection to just biological parents. In fact, grandparents can seek visitation rights in North Carolina. Furthermore, when the biological parents are unfit or unable to care for their children, third parties can seek child custody in North Carolina.
For parents who are gravely concerned about the safety and well-being of their children, due to the wrongful actions of another custodial parent, the law also provides expedited hearings. These emergency hearings allow a court to hear serious custody issues on a fast-track schedule.
If you are preparing to be involved in, or are involved in a child custody and visitation case, the team at Mercogliano & Associates, PA is here to help. We generally work on cases in Wake and Harnett counties, primarily in Fuquay-Varina, Lillington, Angier, Coats, Dunn, Raleigh, Garner, Holly Springs, Willow Spring and the surrounding areas. Please see our contact page to get in touch with us with questions or to schedule a consultation.