Most parents want nothing more than to be with their children and help them develop into productive members of society. In some instances, though, even seeing your child in person can be challenging, especially if you do not have custody. In such cases, you may benefit from hiring a family attorney to help you pursue a custody claim.
A Wake Forest child custody lawyer from Triangle Divorce Lawyers may be able to help you with your situation. We could review your specific case to see what you need to do to establish custody or increase visitation rights. If negotiating with the other parent is unsuccessful, we are ready to file the legal papers necessary to help you pursue your custody rights that work in your child’s best interests.
Under North Carolina General Statutes §50-13.1, any parent, relative, or other person claiming a right to custody of a child may institute a legal action for custody. North Carolina law defines “custody” as incorporating both physical custody of a child as well as visitation rights.
Generally, courts order child custody to the person who “will best promote the interest and welfare of the child” and do not presume without reviewing the matter that one parent fulfills this quality better than the other, according to N.C.G.S. §50-13.2. The court may consider a variety of possible factors in determining this, including:
N.C.G.S. §50-13.2 further mandates that the court must enter specific information to support its findings regarding the best interests of the child. Additionally, either parent of a child may request joint custody of that child under this same statute. For further advice on their specific custody case, parents may wish to consult a skilled Wake Forest child custody attorney.
Under N.C.G.S. §50-13.2, a court in Wake Forest may issue an order that grants joint custody of a child to both biological parents, primary custody to one parent and visitation rights to another, or custody to two or more people who are not the biological parents of the child in question.
Each custody order must also address any relevant visitation rights and the terms under which those visitations may occur. Additionally, courts may grant grandparents visitation rights in appropriate circumstances under N.C.G.S. §50-13.2A. Finally, during a court-ordered child custody hearing, N.C.G.S. §50-13.5(d) allows either party to pursue temporary or permanent child custody depending on their needs and wishes.
North Carolina law mandates the use of mediation proceedings whenever possible to settle disputed issues in child custody cases. According to N.C.G.S. §50-13.1, the goal of these mediation proceedings is to reduce the possibility of confrontational and acrimonious situations. All mediation proceedings in connection with child custody cases are confidential.
If both parties reach an agreement as the result of mediation, N.C.G.S. §50-13.1 mandates that the agreement is recorded in writing and signed by both parties. A court would then generally incorporate that mediation agreement into its custody order. A Wake Forest child custody lawyer may be able to provide more information on what to expect during mediation and how best to approach these proceedings.
As established by N.C.G.S. §50-13.3, anyone who fails to abide by the terms of a custody arrangement in Wake Forest may be subject to charges of civil contempt. However, if one parent elects to formally appeal or seek a modification to a child custody arrangement under N.C.G.S. §50-13.7, any such proceedings for civil contempt may be delayed until the appellate court has made a final decision. A dedicated family attorney could help with the appeals and modification processes.
It is important for any parent to be able to regularly see and talk to their children. In some cases, however, you may need legal help in order to be in your child’s life.
For assistance with your child custody issues, consider contacting a Wake Forest child custody lawyer from Triangle Divorce Lawyers. One of our steadfast family attorneys could answer legal questions you may have and guide you through the process to obtain custody or visitation rights. Call us today to get started on your case.
Schedule a case review with our Director of Client Services.