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What To Do In A Child Custody Hearing

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Parents in North Carolina who are going through a divorce might want to consider whether they can compromise on joint custody instead of each of them fighting for full custody. However, if they cannot agree, then the decision might be made by a judge following a custody hearing. If this happens, the parent should prepare for the hearing by researching custody law.

The judge will make a child custody ruling after determining what is in the child’s best interests. A number of elements might influence this, and a parent should be willing to compromise with the other parent. They should also dress neatly and behave appropriately during the custody hearing. A parent can bring documentation that helps their case.

Once the court has made a decision, the other parent should make an effort to remain in their child’s life. It is believed that children benefit from time with both parents, and the parent may be granted a good amount of visitation time. Parents might also want to create a parenting agreement.

The parent who does not get custody may be required to pay child support to the custodial parent as well. This is usually determined based on income along with other factors, such as how much the parent pays for the child’s healthcare. Parents might want to talk about other expenses as well in order to include an agreement in the parenting plan about which parent will pay for tutoring or extracurricular activities. If a parent needs a modification in custody or support, they may wish to seek the assistance of an attorney as a judge will generally expect a good reason for making changes to either of these. For example, there might be a change in custody if one parent has a significant change in lifestyle that means they can no longer care for the child.

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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.