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‘Birdnesting’ Approach To Joint Custody

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Many divorced parents in North Carolina take time to consider how to best provide their children with a sense of stability. There are a number of custody options that people can consider, and joint or shared custody is perhaps more popular than ever. One alternative type of shared custody option is called “birdnesting.” It means that the kids remain in the family home while each parent moves out on a rotating basis.

In most cases, this is an option for people with some means as the parents generally must maintain a small apartment in addition to the family property. The parents share the apartment as well as the home, moving in and out on a weekly basis while the kids remain in the family house. “Birdnesting” is motivated by a desire not to disrupt the children’s lives by moving, changing schools or making other major changes.

However, “birdnesting” is usually a short-term, transitional solution that is best suited for parents seeking an amicable divorce. When divorcing spouses are regularly arguing, those arguments are likely to continue rather than end during the nesting process. For these families, a traditional joint child custody arrangement may be more suitable. Even for parents with strong communication and a positive relationship, nesting is typically done for a period of three to six months only. It can provide kids with a practical and emotional time to transition to a new family lifestyle. If kept going for too long, however, it could encourage false ideas that the parents may reconcile in the future.

When parents think about divorce, issues relating to the children are often the most emotionally fraught. A family law attorney could help a divorcing spouse negotiate an agreement about child custody and a parenting plan.

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How Courts Handle Parental Disputes

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Parents in Charlotte who are getting a divorce might think that, if they feel their child is unsafe with the other parent because of alcohol or drug abuse, it will be easy to get a court to act. However, the process is not always that straightforward.

One court ruled that even though a father drank nightly, this did not mean he imbibed when he had the children. Parents will usually need documentation to get a court to act. Ideally, this would be something like police reports, but in the absence of such evidence, parents might get testimony from a child care provider or neighbor. If a court does determine that a parent may be a danger to the child, psychological testing or a blood test might be required.

Parents can keep records that will help them in case of a custody battle. This should include records of any conflict with the other parent and actions such as taking the child to the doctor. One man was worried that his wife would drink and drive with their 7-year-old son in the car.

Although he had been the main caregiver for the child throughout their marriage, with divorce looming, she cut off contact with him. He would still probably need documentation to show she was a danger to the child.

In a case like that one, the father could probably get help from the court to get access to the child since both parents have this right. One problem that may arise during a divorce is that some parents think differences in parenting approaches makes the other parent unfit. A court will generally not view it this way. Furthermore, it may hurt a parent’s custody case if the parent appears to be uncooperative.

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2115 Rexford Road, Suite 320 Charlotte NC 28211

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Driver’s License Restoration

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According to the North Carolina legislature, possessing a driver’s license in this state is considered a privilege, not a right. Because of this, there are many different ways in which to have this have that privilege temporarily suspended, or lost altogether. The most common ways that this occurs can be boiled down to three basic scenarios:

You are convicted of certain traffic offenses. Some convictions create an automatic suspension (accumulating too many points on your driver’s license; speeding 15 mph over the limit if you’re going more than 55 mph; or speeding more than 80 mph over the posted speed limit). Other convictions give the Department of Motor Vehicles the option of suspending your license (such as being convicted of reckless driving and speeding over 55 mph within the same year).
Getting a Failure to Appear (“FTA”) in court.
You are convicted of (or in some instances, simply charged with) an impaired driving offense. If you refuse to give a breath sample during a DWI investigation, have a blood alcohol content (“BAC”) of at least .08% or more, or a BAC of .04% while driving a commercial vehicle, your license is automatically revoked and suspended for 30 days If you are convicted of a DWI (whether by pleading guilty or after a trial), your license will be suspended for a year. Having multiple DWI convictions will also lead to longer suspensions or even a permanent suspension.

If your license is suspended for the first or second categories above, and you are pulled over while driving during that period of suspension, you will most likely be charged with Driving While License Revoked (“DWLR”). This is a Class 3 misdemeanor in North Carolina.

If, however, you are suspended under category three above and are caught driving, you will be charged with Driving While Revoked for an Impaired Revocation, which is a Class 1 misdemeanor, the most serious class of misdemeanors in North Carolina.

The most important takeaway is this, regardless of the type of suspension you may be facing: it is absolutely critical that you consult with an attorney in any of the above situations instead of simply going online and paying off your ticket. Many people do not realize this, but doing so is admitting that you are guilty. Consult with an attorney experienced in handling such matters as soon as possible to protect your license.