North Carolina Child Custody Lawyers – NC Family Law Attorneys

In North Carolina, there are three types of child custody:

• Temporary – A couple can determine for themselves who should have custody without the law interceding. Both parents can assume temporary custody at the time of separation. However, if one spouse is deemed unsuitable in the eyes of the law, an attorney can file a petition on behalf of one spouse for temporary custody. Final custody arrangements will not necessarily be the same as temporary custody arrangements.
• Legal – This gives one or both parents the right to make legal decisions for the child regarding education, health care, religion and his or her general welfare. Sole legal custody is when only one parent can make these decisions. Joint legal custody awards that right to both parents.
• Physical – This is where the child resides. Sole physical custody is when a child lives with one parent, and the other has visitation rights. Joint physical custody occurs when a child is able to reside with each parent for a substantial amount of time during the course of a calendar year.

To file for custody in North Carolina, this must be the child’s “home state” – meaning, the state where the child has lived with a parent or a person acting as a parent for at least six consecutive months. For children less than six months old, the “home state” is where the child has lived from birth. If a parent and child moved to a new state, the parent cannot file for custody in that state unless he or she has lived there for at least six months.

It is critical that divorcing parents learn the child custody and visitation options available to them, and the legal standards that apply to different options. Knowledgeable advice from an experienced family law attorney often makes a difference in reaching a fair, mutually satisfactory agreement

If you would like to speak with a divorce attorney and have your situation reviewed at no charge, and with no obligation, please complete the form below. Your information will be transmitted securely and privately to an experienced lawyer for an initial claim evaluation.