Every state in the country has its own family law, so divorce and child custody are decided differently in North Carolina than in other states. Individuals who are contemplating divorce or separation should hire the right family law attorney for their needs. Call Remington & Dixon today. It is never too soon to seek legal advice to prepare for divorce or another family law dispute. We have an experienced Charlotte, NC family law attorney on staff who is happy to meet in a confidential consultation.
Can a North Carolina Court Hear Your Dispute?
Many people have just moved to North Carolina for education or business opportunities. Although you might intend to stay forever, the fact is that our courts can only hear your divorce case if they have jurisdiction. This is often a complicated issue.
Typically, you can file for divorce in North Carolina if one spouse has lived in the state for six months before filing. (N.C. Gen. Stat. § 50-8.) If you only moved here three months ago, you’ll need to wait another three months before filing in North Carolina.
In most cases, the court that hears your divorce can also handle child custody. However, a different law might come into play if your child is currently living outside North Carolina. A child’s “home state” will be the state where they have lived for at least six months before custody proceedings begin. This home state typically has jurisdiction over child custody determination.
Suppose you have lived in North Carolina for a year. You file for divorce here, even though your spouse and child spent the last year in Florida. In that case, Florida would be the home state for the child custody dispute.
How Does Custody Work in a Divorce in North Carolina?
Parents can divide custody as they see fit. There are two types of child custody: legal and physical.
Legal custody involves having a say in your child’s major life events, such as medical care and education. Parents often hold joint legal custody, which means both can participate in these decisions.
Physical custody refers to who has physical possession of a child during the year. Sometimes one parent has primary custody, and the other has visitation. With joint physical custody, the parents have close to equal time with the child.
Temporary Custody Orders
Temporary child custody orders are usually necessary because the parents separate almost as soon as one decides to file for divorce. Temporary orders last until the court decides a permanent, long-term schedule for the children. It is critical to ensure that the temporary order is fair. Although only temporary, it can certainly lay the groundwork for the permanent order.
For example, your spouse might request primary temporary custody. Although you would like primary custody, you go along, believing this arrangement is only temporary. However, many judges like to maintain the status quo. If the current arrangement is working, they may see no reason to change it. When it comes time to enter the permanent order, the judge might simply dust off the temporary order.
Permanent Custody Orders
The permanent order goes into effect when the judge finally decides on child custody. The permanent custody order takes the place of the temporary order. Once in effect, a permanent order is often hard to modify. Typically, you’ll need to show a substantial change in circumstances or that your child is endangered.
The Contested Custody Case
Contested cases are emotional. Some parents fear they will be cut out of their child’s life. That is a very rare result in divorce. Only if a parent has a history of abuse or neglect or is otherwise deemed to be an unfit parent under the law will a judge cut off parental access or severely curtail visitation.
Instead, parents often fight over who gets to be the primary custodial parent for school-aged children. They want the children with them throughout the school year, with weekends, summer vacations and other holidays with the other parent. In theory, parents can divide the entire year 50/50, but that’s not feasible when they live too far apart.
A judge decides child custody based on the child’s best interests. (N.C. Gen. Stat. § 50-13.2.) Judges usually consider each parent’s health and relationship with the children and the routines and schedules of the parents and children, among other things, as well as allegations of domestic violence.
The court might appoint a Guardian Ad Litem to represent the child’s interests in a custody case, especially where there have been allegations of domestic violence or child abuse. This is a professional who can interview the parents and investigate allegations of abuse. The GAL’s opinion matters greatly to the judge, so you want to establish a good working relationship with them.
Get the Right Legal Advice Today by Calling Our Office
If you are seeking a divorce in North Carolina with a child, then call our office. Remington & Dixon, PLLC, has tackled all sorts of divorce and child custody cases, from the simplest to the most complex. A Charlotte, NC child custody lawyer can help you determine where to file your petition for divorce or custody. We can also find evidence in support of your claim. Contact us to schedule an initial consultation to discuss the dispute. Our firm has helped those in the 28207 zip code, as well as clients in Mecklenburg, Cabarrus, and Union County.
